McGuire v. Cochran

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 ha-beas corpus proceeding cannot be employed as a substitute for relief by appeal. A certified copy of the sentence attached to the return of the respondent supports the correctness of the…