STATE EX REL. CHAACHOU v. KELLY

No. 62-33.

137 So.2d 249 (1962)

The STATE of Florida ex rel. Khudourle CHAACHOU, Petitioner, v. Thomas J. KELLY, As Director of the Department of Public Safety of Dade County, Florida, Respondent.

District Court of Appeal of Florida. Third District.

February 5, 1962.


Attorney(s) appearing for the Case

Herman Methfessel and George Jackman, Miami, for petitioner.

Richard E. Gerstein, State Atty., and Roy S. Wood, Asst. State Atty., Miami, for respondent.

Before HORTON, CARROLL and HENDRY, JJ.


PER CURIAM.

By petition for a writ of habeas corpus the petitioner alleges that he is incarcerated in the County Jail pursuant to an alleged illegal sentence imposed January 17, 1962. The errors alleged are matters which may properly be raised by appeal. A habeas corpus proceeding cannot be employed as a substitute for relief by appeal.

The writ is, therefore, discharged and the petitioner is remanded to the custody of the respondent, but without prejudice...

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