Dye, In re, 36032

• Decision Date: 25 November 1959
• Docket Number: No. 36032,36032
• Citation: 162 N.E.2d 520,170 Ohio St. 97
• Parties: , 9 O.O.2d 487 In re DYE. DYE v. ALVIS, Warden.
• Court: Ohio Supreme Court

Page 97

170 Ohio St. 97

162 N.E.2d 520, 9 O.O.2d 487

In re DYE. DYE v. ALVIS, Warden.

No. 36032.

Supreme Court of Ohio.

Nov. 25, 1959.

Clarence Dye, in pro. per.

Mark McElroy, Atty. Gen., William M. Vance, Aubrey A. Wendt and Walter M. Shea, Columbus, for respondent.

PER CURIAM.

The trial court had jurisdiction of the person of the petitioner and of the offense with which he was charged. Petitioner had and exercised the adequate remedy of appeal (appeal dismissed, State v. Dye, 167 Ohio St. 176, 146 N.E.2d 604, certiorari denied, 358 U.S. 45, 79 S.Ct. 37, 3 L.Ed.2d 44) from the judgment of conviction to review alleged errors and cannot now have another review by a proceeding in habeas corpus. Chapman v. Alvis, 169 Ohio St. 359, 159 N.E.2d 453.

Petitioner remanded to custody.

WEYGANDT, C. J., and ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.