State ex rel. Crawford v. Owen, 28416.
| Decision Date | 03 February 1948 |
| Docket Number | No. 28416.,28416. |
| Citation | 77 N.E.2d 123,225 Ind. 601 |
| Parties | STATE ex rel. CRAWFORD v. OWEN, Judge. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Original action for alternate writ of mandate by the State of Indiana, on relation of Thomas C. Crawford, against H. DeWitt Owen, as Judge of the Vigo Criminal Court, to require court to furnish petitioner, as a poor person, with counsel and transcript for appeal from a criminal conviction.
Petition denied.
This is an original action for alternate writ of mandate against the judge of the Vigo Circuit Court. The petition has been drafted by petitioner without benefit of counsel, and it is with great difficulty that we are able to obtain the substance of his complaint. Apparently the petitioner was convicted of some crime in Cause No. 16572 entitled the State of Indiana v. Thomas C. Crawford, after which he filed a petition with the Vigo Circuit Court to obtain, as a poor person, a transcript of the record and counsel for appeal. This petition was filed June 20, 1947. Petitioner now seeks to have this court mandate the trial court to furnish him, as a poor person, with counsel and transcript for appeal.
The petition here does not allege the date of his conviction, but it must have been prior to June 20, 1947, the time petitioner's original request was made to the trial court. His regular time for appeal has expired. Rule 2-2. Smith v. State, 1939, 215 Ind. 276, 19 N.E.2d 549. There are no facts alleged to entitle the petitioner to any remedy under Section 5 of Chapter 189 of the 1947 Acts.
Since his original time for appeal has expired, petitioner's remedy is through the Public Defender, who is now authorized to represent him if he has any meritorious cause for the consideration of this court. See Chapter 38 of the 1945 Acts, § 13-1402, Burns 1942 Repl. (Supp.)
The petition is further insufficient in that there are no ‘certified copies of all pleadings, orders and entries pertaining to the subject-matter’ either set out in the petition or made exhibits thereto as required by Rule 2-35 of this court. State ex rel. Talkington v. Hoffman, Judge, Ind.Sup., 1947, 76 N.E.2d 252.
Petition is hereby denied.
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...prosecute such delayed appeal. In State ex rel. Lake v. Bain, Judge, 1948, 225 Ind. 505, 76 N.E.2d 679, and State ex rel. Crawford v. Owen, Judge, 1948, 225 Ind. 601, 77 N.E.2d 123, we held that since the state had created the office of Public Defender to represent pauper prisoners after th......
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...354; State ex rel. Talkington v. Hoffman, Judge, Ind. Sup.1947, 76 N.E.2d 252; State ex rel. Crawford v. Owen, Judge, Ind.Sup.1948, 77 N.E.2d 123; Rogers v. Youngblood, Judge, Ind.Sup.1948, 78 N.E.2d 663, 664; State ex rel. Minton v. Parke Circuit Court, Ind.Sup.1948, 77 N.E.2d 749, 750. [8......
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State ex rel. Spires v. Bottorff
...Judge, Ind.Sup.1948, 77 N.E.2d 354; State ex rel. Talkington v. Hoffman, Judge, Ind. Sup.1947, 76 N.E.2d 252; State ex rel. Crawford v. Owen, Judge, Ind.Sup.1948, 77 N.E.2d 123;Rogers v. Youngblood, Judge, Ind.Sup.1948, 78 N.E.2d 663, 664;State ex rel. Minton v. Parke Circuit Court, Ind.Sup......
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State ex rel. Hunt v. Orange Circuit Court, O-122
...County, 1950, Ind.Sup., 94 N.E.2d 591; State ex rel. Talkington v. Hoffman, 1947, 225 Ind. 475, 76 N.E.2d 252; State ex rel. Crawford v. Owen, 1948, 225 Ind. 601, 77 N.E.2d 123; State ex rel. Lee v. Wilson, 1948, 225 Ind. 640, 77 N.E.2d 354. The issuance of an alternative writ is ...