Phillips v. Grim, 30031
| Docket Nº | No. 30031 |
| Citation | 183 N.E.2d 597, 243 Ind. 161 |
| Case Date | June 27, 1962 |
| Court | Supreme Court of Indiana |
Page 597
v.
Sheriff Gresham GRIM, Appellee.
[243 Ind. 162]
Page 598
Carrol F. Dillon, Robert D. Schuttler, Evansville, for appellant.Robert J. Hayes, Evansville, Judson H. West, Hugh E. Reynolds, Jr., Indianapolis, for appellee.
JACKSON, Judge.
This is an appeal from a judgment of the Vanderburgh Superior Court denying appellant's petition for a Writ of Habeas Corpus.
So far as we are able to ascertain from the record before us, appellant was arrested and placed in the custody of appellee on August 11, 1960, by virtue of a commitment reading as follows:
'Co C 1st BG 152d Inf
201 S. Rotherwood Avenue
Evansville 14 Indiana
11 Aug 60
'SUBJECT: Commitment of Pvt Stephen E Phillips
'TO: The Sheriff of Vanderburgh County
GREETINGS:
'You are hereby commanded to receive the custody of Pvt Stephen E. Phillips a member of Company C 1st BG 152d Infantry, of the Indiana[243 Ind. 163] National Guard, who has on, 10 August 1960, been tried by Summary Court-martial as provided by the Statutes of the State of Indiana, (1933 Burns 45-509, until 1 Jan. 54), and hold said prisoner in your custody for Fifteen (15) days in satisfaction of the sentence of this court. Dated at 1045 hours, this 10th day of August, 1960.
'/s/ William S. Mitchell
William S. Mitchell
1st Lt Co. C 1st BG 152d Inf. Ind ARNG
Summary Court Officer
'570 SEE No. ___
M Age 19 Color W
8-11-60 Time 10 00 A.M.
State IND Jailer BB'
On the same day, August 11, 1960, appellant filed his petition for a writ of habeas corpus alleging therein that he was being unlawfully restrained of his liberty by appellee. Thereupon the Judge Pro Tempore of said court ordered appellee to produce the person and the body of appellant before said court at 3:30 p. m. on said day and to answer as to said restraint. At the hearing thereon the court ordered appellant released on $150 bond and granted appellee until August 17, 1960, to file a
Page 599
response to appellant's petition. Hearing was resumed on August 17, 1960, and appellee filed his return to the writ, on the same day, alleging inter alia, that he was holding appellant upon order of the Indiana National Guard pursuant to the commitment above set out, and denying that appellant was being unlawfully restrained.The appellant requested the Court for a continuance to study appellee's return and answer. It then [243 Ind. 164] being...
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White v. State, No. 874S167
...to have adequate time for preparation and investigation. Calvert v. State (1968), 251 Ind. 119, 239 N.E.2d 697; Phillips v. Grim (1962), 243 Ind. 161, 183 N.E.2d 597; see Hoy v. State (1974), 225 Ind. 428, 75 N.E.2d 915. It is equally well-settled that a motion for continuance based on a no......
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White v. State, No. 874S167
...to have adequate time for preparation and investigation. Calvert v. State (1968), 251 Ind. 119, 239 N.E.2d 697; Phillips v. Grim (1962), 243 Ind. 161, 183 N.E.2d 597; see Hoy v. State (1974), 225 Ind. 428, 75 N.E.2d 915. It is equally well-settled that a motion for continuance based on a no......