Christian v. Dowd
| Decision Date | 08 December 1941 |
| Docket Number | No. 27601.,27601. |
| Citation | 37 N.E.2d 933,219 Ind. 265 |
| Parties | CHRISTIAN v. DOWD, Warden. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Petition by George Christian against Alfred F. Dowd, Warden of the Indiana State Prison, for writ of habeas corpus for release from imprisonment under conviction of robbery. From a judgment sustaining a motion to quash the petition, petitioner appeals.
Affirmed.Appeal from Superior Court, LaPorte County; Russell W. Smith, judge.
J. A. Patterson, of Gary, for appellant.
George N. Beamer, Atty. Gen., and Norman E. Duke, Deputy Atty. Gen., for appellee.
This is an appeal from the action of the LaPorte Superior Court in sustaining the appellee's motion to quash the appellant's petition for a writ of habeas corpus.
It appears from the petition that in 1935 the appellant was charged by affidavit in the Criminal Court of Lake County with robbery. He was arrested on a warrant and taken before said court for arraignment. The appellant says that when called upon to plead he stood mute and that an attorney whom he did not know or employ, and who had no authority to act for him, waived arraignment and entered a plea of guilty on his behalf. The Criminal Court of Lake County thereupon sentenced the appellant to the Indiana State Prison, which is in LaPorte County, where he is now confined.
The judgment of the Criminal Court of Lake County is set out in full in the petition for the writ. It therein appears that the appellant was before that court in his own proper person and that he was represented by counsel; that appellant waived arraignment; that he waived trial by jury; and for plea said that he was guilty as charged. This record imports verity on its face and, in a collateral proceeding, constitutes conclusive evidence of the jurisdiction of the court over the person of the appellant.
Our habeas corpus statute very wisely provides that:
‘No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term of commitment has not expired, in either of the cases following: * * *
Acts 1881 (Spec.Sess.) ch. 38, § 790, § 3-1918, Burns' 1933, § 1033, Baldwin's 1934.
Had the Criminal Court of Lake County been afforded the opportunity to correct the alleged error here complained of, it would have had power to allow the appellant to withdraw the plea of guilty and...
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State ex rel. McManamon v. Blackford Circuit Court
...201 Ind. 332, 165 N.E. 906; Dinkla v. Miles, 206 Ind. 124, 188 N.E. 577; Ingersoll v. Kunkel, 210 Ind. 482, 4 N.E.2d 183; Christian v. Dowd, 219 Ind. 265, 37 N.E.2d 933; State ex rel. Spence v. Worden, 219 Ind. 532, 39 N.E.2d 733. Thus it is clear that in Indiana the writ of habeas corpus i......
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Potter v. Dowd
...201 Ind. 332, 165 N.E. 906; Dinkla v. Miles, 206 Ind. 124, 188 N.E. 577; Ingersoll v. Kunkel, 210 Ind. 482, 4 N.E.2d 183; Christian v. Dowd, 219 Ind. 265, 37 N.E.2d 933; State ex rel. Spence v. Worden, 219 Ind. 532, 39 N.E.2d 733. Thus it is clear that in Indiana the writ of habeas corpus i......
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Norton v. Green, 37326
...he had anything to say, and he stood mute. He cannot now raise this question in a habeas corpus proceeding. See Christian v. Dowd, Warden, 219 Ind. 265, 37 N.E.2d 933. The fact that, as alleged by petitioner, his attorney made certain representations to him as to what he could do for him on......
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Williams v. Eckle, 37046
...to his own testimony, stood silent. He cannot now in a habeas corpus proceeding question such former proceedings. In Christian v. Dowd, Warden, 219 Ind. 265, 37 N.E.2d 933, paragraph one of the syllabus reads as 'A judgment of a criminal court, wherein it appears that the defendant was befo......