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IN RE SIMMONS.

Habeas corpus — Not available as substitute for adequate remedy by appeal.

Per Curiam.

Petitioner had and exercised an adequate remedy by way of appeal from the judgment of conviction to review the alleged errors of which he here complains and cannot now have such a review by a proceeding in habeas corpus.

Petitioner remanded to custody.

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

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IN RE SIMMONS
(Feb 3, 1960)