State ex rel. Armstrong v. Juvenile Court of Marion County, 30189

• Decision Date: 21 February 1962
• Docket Number: No. 30189,30189
• Citation: 242 Ind. 532,180 N.E.2d 373
• Parties: STATE of Indiana on the Relation of Vanus ARMSTRONG, Relator. v. The JUVENILE COURT OF MARION COUNTY, Harold N. Fields, Judge of the Juvenile Court of Marion County, Respondents.
• Court: Indiana Supreme Court

Page 373

180 N.E.2d 373

242 Ind. 532

STATE of Indiana on the Relation of Vanus ARMSTRONG, Relator. v. The JUVENILE COURT OF MARION COUNTY, Harold N. Fields, Judge of the Juvenile Court of Marion County, Respondents.

No. 30189.

Supreme Court of Indiana.

Feb. 21, 1962.

Chavis, Crowdus & Walton, Indianapolis, for relator.

Harold N. Fields, Indianapolis, pro se, Howard R. Hooper, Indianapolis, of counsel, for respondents.

BOBBITT, Judge.

This is an action for writ of mandate to require respondents to furnish relator a bill of exceptions containing the evidence in Cause No. PT 60-651, in the Juvenile Court of Marion County, Indiana, wherein one Murleana Pearl Woods is plaintiff and relator, Vanus Armstrong, is defendant.

The petition alleges, inter alia, that relator filed his praecipe with the clerk of the Juvenile Court of Marion County preparatory to an appeal to the Appellate Court of Indiana and directed such clerk to prepare a transcript of the evidence; that relator was informed by the clerk that no court reporter was present at the hearing to take and preserve the evidence; and that subsequently relator petitioned respondent court 'to prepare for him a Bill of Exceptions, * * * containing the evidence' for use on appeal.

The trial court denied relator's petition for bill of exceptions and he then petitioned this court for writ of mandate requesting that respondents be commanded to furnish him with a bill of exceptions containing the evidence for use on appeal to the Appellate Court.

The jurisdiction of this court to issue writs of prohibition and mandate is limited by the Constitution and by statute. State ex rel. N. Y. C. R. Co. v. Starke Cir. Ct. et al. (1952), 231 Ind. 360, 367, 108 N.E.2d 708.

Writs of mandate may issue out of the Supreme Court of this State in aid of its appellate powers and functions and to such inferior courts as are specifically designated by statute, to compel the performance of any duty enjoined upon them by law. Acts 1955, ch. 253, § 1, p. 647, being § 3-2201, Burns' 1961 Cum.Supp.; State ex rel. Rans v. Fulton Circuit Court (1960), 240 Ind. 288, 164 N.E.2d 111.

The record here does not show that relator made any request to have a court reporter present to transcribe the evidence at his trial, or that he made any objection to proceeding to trial without one. Under these circumstances he cannot later complain that there was no court reporter present. Edwards v. Edwards (1961), Ind.App., 177 N.E.2d 919, 921.

It is the 'duty and responsibility of an appellant to prepare or cause to be prepared his transcript for an appeal * * * in the manner and form which he believes will properly present the questions he seeks to raise.' Gilkison et al. v. Darlington et al. (1953), 123 Ind.App. 637, 641, 85 N.E.2d 651, 653; Acts 1881 (Spec.Sess.), ch. 38, § 406, p. 240, being § 2-3106, Burns' 1946 Replacement; 2 I.L.E., Appeals, § 311, p. 131.

'[I]t is the duty of the trial court to certify to the correctness of the bill tendered or to make such corrections as is deemed necessary to make the bill speak the truth.' Gilkison et al. v. Darlington et al., supra, at page 642 of 123 Ind.App., at page 653 of 85 N.E.2d.

It is not material that evidence at a trial be recorded and transcribed by an official court reporter. In the absence of a verbatim transcription of the evidence it may be stated in narrative form and the parties may...