In re Singer

Prior to a decision on the merits of this appeal of the denial of appellant’s petition for a writ of habeas corpus, this court must determine whether habeas corpus is the proper remedy to test appellant’s allegation that he was not tried within the period mandated by R. C. 2945:71: ' .

The record indicates that the appellant properly challenged the length of his incarceration, in lieu of bail, by way of motion pursuant to R. C. 2945.73. It is from the denial' of the motion for discharge that appellant brought this original action seeking a writ of habeas corpus.

This situation- has been before…