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McGUIRE v. COCHRAN

No. 31162.

135 So.2d 226 (1961)

Ralph Lee McGUIRE, Petitioner, v. H.G. COCHRAN, Jr., Director, Division of Corrections, Respondent.

Supreme Court of Florida.

November 28, 1961.

Attorney(s) appearing for the Case

Ralph Lee McGuire, in pro. per.

Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent.

PER CURIAM.

By petition for a writ of habeas corpus McGuire alleges that he is incarcerated in the State prison pursuant to an alleged illegal sentence imposed October 4, 1961. The errors alleged in the trial and ultimate sentence are matters which may properly be raised by appeal. The time for appeal has not yet expired. Section 924.09, Florida Statutes, F.S.A., and Rule 6.2, Florida Appellate Rules, 31 F.S.A. A habeas corpus proceeding cannot be employed as a substitute...

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