State ex rel. Chaachou v. Kelly
This text of 137 So. 2d 249 (State ex rel. Chaachou v. Kelly) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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 to any rights which the petitioner may have to present by appeal to the proper court the alleged errors relied upon in the petition.
It is so ordered.
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137 So. 2d 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-chaachou-v-kelly-fladistctapp-1962.