Bolden v. State, 0-428
| Decision Date | 19 January 1956 |
| Docket Number | No. 0-428,0-428 |
| Citation | 235 Ind. 695,131 N.E.2d 301 |
| Parties | Emmitt W. BOLDEN, Petitioner, v. STATE of Indiana, Respondent. |
| Court | Indiana Supreme Court |
Emmit W. Bolden, pro se.
Edwin K. Steers, Atty. Gen., for the State.
Petitioner has again attempted an appeal to this court under Rule 2-40. The papers which he has filed contain no proper assignment of errors nor proper bill of exceptions, nor do they in any other manner comply with the provisions of Rule 2-40.
The assignment of errors constitutes petitioner's complaint in this court. It is a requisite to any appeal, and without a proper assignment of errors no jurisdiction is conferred upon this court. Davis v. Pelley, 1952, 230 Ind. 248, 251, 102 N.E.2d 910.
The petition herein is dismissed for want of jurisdiction.
Petition dismissed.
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...that failure to file a proper assignment of errors or bill of exceptions required dismissal for lack of jurisdiction. Bolden v. State (1956) 235 Ind. 695, 131 N.E.2d 301.The foregoing, however, is not an exhaustive list of authorities dealing with this topic.6 The rule contained the same ph......
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...timely filed with the trial court. Stamm v. Price, supra; Graue v. Brown, (1961) 131 Ind.App. 435, 171 N.E.2d 705; Bolden v. State, (1956) 235 Ind. 695, 131 N.E.2d 301; Davis v. Pelley, (1952) 230 Ind. 248, 102 N.E.2d 910; Flanagan, Wiltrout and Hamilton, Indiana Trial and Appellate Practic......
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...Wiltrout and Hamilton's Indiana Trial and Appellate Practice, § 2382, page 152, and authorities cited therein; Bolden v. State, 1956, 235 Ind. 695, 131 N.E.2d 301. Without a proper assignment of errors this court acquires no jurisdiction over the subject-matter of the appeal. Baugher et al.......