State ex rel. Casey v. Murray, O-514

• Decision Date: 25 April 1958
• Docket Number: No. O-514,O-514
• Citation: State ex rel. Casey v. Murray, 149 N.E.2d 694, 238 Ind. 700 (Ind. 1958)
• Parties: STATE ex rel. Grant F. CASEY, Relator, v. Honorable William J. MURRAY, Presiding Judge of the Criminal Court of Lake County, Crown Point, Indiana, Respondent.
• Court: Indiana Supreme Court

Page 694

149 N.E.2d 694

238 Ind. 700

STATE ex rel. Grant F. CASEY, Relator, v. Honorable William J. MURRAY, Presiding Judge of the Criminal Court of Lake County, Crown Point, Indiana, Respondent.

No. O-514.

Supreme Court of Indiana.

April 25, 1958.

Grant F. Casey, pro se.

PER CURIAM.

Relator, a prisoner in the Indiana State Prison, filed this action seeking a writ of mandate against the Criminal Court of Lake County and the Judge thereof, requiring that his petition for writ of habeas corpus filed in said Court on December 23, 1957, be set for hearing.

This Court judicially knows that the Indiana State Prison is located in LaPorte County, Indiana, where exclusive jurisdiction to issue writs of habeas corpus on application of prisoners in the Indiana State Prison lies. Acts 1881 (Spec.Sess.), ch. 38, § 780, p. 240, being § 3-1905, Burns' 1946 Replacement; Murphy v. Daly, 1934, 206 Ind. 179, 185, 188 N.E. 769. Hence, the Criminal Court of Lake County has no jurisdiction to entertain a petition for writ of habeas corpus by a prisoner confined in the Indiana State Prison. Petillo v. State, 1955, 234 Ind. 385, 126 N.E.2d 895, certiorari denied 350 U.S. 918, 76 S.Ct. 205, 100 L.Ed. 804.

Acts 1955, ch. 253, § 1, p. 647, being § 3-2201, Burns' 1946 Replacement (Cum.Supp.) provides, in part, as follows:

'Such writs of mandate may issue out of the Supreme Court to the circuit, superior, criminal, probate, juvenile, conservancy district or municipal courts of this state, respectively,...