Petillo v. State, 0-408

• Decision Date: 03 June 1955
• Docket Number: No. 0-408,0-408
• Citation: Petillo v. State, 126 N.E.2d 895, 234 Ind. 385 (Ind. 1955)
• Parties: Kelly PETILLO, Petitioner, v. STATE of Indiana, Respondent.
• Court: Indiana Supreme Court

Page 895

126 N.E.2d 895

234 Ind. 385

Kelly PETILLO, Petitioner, v. STATE of Indiana, Respondent.

No. 0-408.

Supreme Court of Indiana.

June 3, 1955.

Kelly Petillo, pro se.

Edwin K. Steers, Atty. Gen., for appellee.

PER CURIAM.

This is a verified petition for an appeal as a pauper from the dismissal of a habeas corpus petition by the Marion Circuit Court. The petition shows that the petitioner was convicted in Marion County of assault and battery with intent to commit a felony on January 17, 1949 and was thereafter imprisoned in the Indiana State Prison where he is now serving his sentence following the conviction.

The petitioner complains that the Marion Circuit Court dismissed his petition for a writ of habeas corpus directed to the Warden of the Indiana State Prison.

Burns' Indiana Statutes § 3-1905 provides in part:

'Habeas corpus may be granted by the circuit or superior courts of the county in which the person applying therefor may be restrained of his or her liberty * * *.'

The Supreme Court judicially knows that the Indiana State Prison is located in LaPorte County. The Marion Circuit Court has no jurisdiction to entertain a petition for a writ of habeas corpus by a prisoner confined in the State Prison in LaPorte County. Murphy v. Daly, 1934, 206 Ind. 179, 188 N.E. 769.

Even if the Marion Circuit Court had jurisdiction to grant the writ of habeas corpus it would not have authority...