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173 Ohio St. (N.S.) 116

Evans v. Sacks

Ohio Supreme Court

Decided February 14, 1962

Ohio Supreme Court · decided 1962-02-14

Decided 1962-02-14

Per Curiam.

¶1There is a distinction between a court acting without jurisdiction and acting with jurisdiction but erroneously. The trial court had jurisdiction of the person of appellant and of the subject matter, i. e., jurisdiction to try the appellant for the crime for which he was indicted. Appellant could have objected to the alleged irregularities in the indictment and had an adequate remedy by way of appeal from an adverse judgment to review the alleged errors and irregularities of which he here complains. He cannot now have such a review by a proceeding in habeas corpus. See State v. Wozniak, 172 Ohio St., 517, 522.

¶2The judgment of the Court of Appeals is affirmed.

¶3Judgment affirmed.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell and O’Neill, JJ., concur.Herbert, J., not participating.
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