State ex rel. Allison v. Criminal Court of Marion County, 29610
| Decision Date | 09 April 1958 |
| Docket Number | No. 29610,29610 |
| Citation | 238 Ind. 190,149 N.E.2d 114 |
| Parties | STATE of Indiana, on the Relation of William Thomas ALLISON, Relator, v. CRIMINAL COURT OF MARION COUNTY, Division One, Honorable John L. Niblack, Special Judge of Criminal Court of Marion County, Division One, Respondents. |
| Court | Indiana Supreme Court |
Kivett & Kivett, Indianapolis, for relator.
John L. Niblack, Judge Marion County Circuit Court, Indianapolis, for respondents.
This original action for writ of mandate asks that respondent court be commanded to grant a change of venue from the county in a certain criminal case pending against relator in respondent court in which relator is charged with the misdemeanor of being a disorderly person. 1
In the action before respondent court relator (defendant therein), upon filing affidavit for change of venue from the county also filed supporting affidavits of six persons alleging defendant could not have a fair and impartial trial in Marion County, Indiana, because of the bias and prejudice against him. The State of Indiana, by the prosecuting attorney, thereafter filed four counter-affidavits denying bias and prejudice against such defendant.
We refused to issue an alternative writ on relator's application, and respondent has not appeared to the action.
The law is settled in this state that the granting of changes of venue from the county is discretionary with the court in criminal cases, except in cases when the punishment is death. See Burns' § 9-1305, 1956 Replacement, being Acts of 1905, ch. 169, § 207, p. 584; Butler v. State, 1951, 229 Ind. 241, 97 N.E.2d 492.
In this case relator contends the respondent court abused its discretion in refusing to grant him a change of venue from the county and that this court should entertain an original action of mandamus to compel respondent court to grant such a change.
The remedy of mandamus, however, is an extraordinary remedy of a limited nature and cannot be resorted to to correct alleged errors of the trial court in lieu of the remedy of appeal. Original actions of prohibition and mandate in this court are expressly limited by statute to the confining of lower courts to their lawful jurisdiction and to requiring lower courts to perform duties enjoined on them by law. 2 Such emergency actions were not intended as a short-cut to the remedy of appeal.
Whether respondent court abused its discretion in refusing the change of venue depends upon the allegations of bias and...
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State ex rel. Nicholas v. Criminal Court of Marion County, 29861
...107 N.E.2d 1; State ex rel. Beatty v. Nichols, Spec. J., 1954, 233 Ind. 432, 434, 120 N.E.2d 407; State ex rel. Allison v. Criminal Court of Marion County, Ind.1958, 149 N.E.2d 114, 115. While relatrix has pursued the proper remedy (See: State ex rel. Ward v. Porter Circuit Court, 1955, 234......
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Nelson v. State, 471S93
...thereof and the counter-affidavits to the contrary. State ex rel. Allison v. Criminal Court of Marion County etc. et al. (1958). 238 Ind. 190, 149 N.E.2d 114. In reviewing the contention made by appellant we are unable to find any merit. Neither the motion nor the evidence presented at the ......
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State ex rel. Durham v. Marion Circuit Court
...alleged error of the trial court, so long as it is acting within its general limits of jurisdiction. State ex rel. Allison v. Criminal Court of Marion County, Ind.1958, 149 N.E.2d 114; State ex rel. Sims v. Hendricks C. C. et al., 1956, 235 Ind. 444, 134 N.E.2d 211; State ex rel. Collins v.......
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Smith v. State
...of an issue of fact, and is conclusive upon review, except for an abuse of discretion by the court. State ex rel. Allison v. Crim. Ct. of Mar. Co. etc., 1958, 238 Ind. 190, 149 N.E.2d 114; Liese v. State, 1954, 233 Ind. 250, 118 N.E.2d 731; Jackson v. State, 1953, 232 Ind. 453, 112 N.E.2d 4......