Opinion
No. 32125
Decided March 28, 1951.
Habeas corpus — Not available to review errors of court of competent jurisdiction — Adequate remedy afforded by appeal.
IN HABEAS CORPUS.
The petitioner has instituted in this court a proceeding in habeas corpus to obtain his release from the Ohio penitentiary to which he was committed in 1915, after having been convicted of burglary and larceny. He escaped from the penitentiary in 1917 and was returned in 1944. Petitioner attacks the validity of the judgment of conviction for alleged errors or irregularities during the proceedings and contends that his confinement is illegal. He does not raise the question of jurisdiction of the court wherein he was tried and convicted and admits that no appeal was taken from the judgment of conviction.
Mr. Clifford Pullins, in propria persona. Mr. C. William O'Neill, attorney general, and Mr. Max H. Dennis, for respondent warden.
A proceeding in habeas corpus cannot be used to review alleged errors or irregularities in the proceedings or sentence of a court of competent jurisdiction. Ex parte Shaw, 7 Ohio St. 81; Ex parte Van Hagan, 25 Ohio St. 426; In re Allen, 91 Ohio St. 315, 326, 110 N.E. 535; State, ex rel. Drexel, v. Alvis, Warden, 153 Ohio St. 244, 91 N.E.2d 22. An adequate remedy at law is afforded by way of review on appeal when the trial court had jurisdiction of the person and subject matter. In re Whitmore, 137 Ohio St. 313, 29 N.E.2d 363; In re Burson, 152 Ohio St. 375, 89 N.E.2d 651.
Petitioner remanded to custody.
WEYGANDT, C.J., ZIMMERMAN, MIDDLETON, MATTHIAS and HART, JJ., concur.
STEWART and TAFT, JJ., concur in the judgment for the reasons stated in the concurring opinion in In re Levenson, 154 Ohio St. 278.