State ex rel. Imel v. Mun. Court of Marion Cnty., 28296.

Citation225 Ind. 23,72 N.E.2d 357
Decision Date15 April 1947
Docket NumberNo. 28296.,28296.
PartiesSTATE ex rel. IMEL v. MUNICIPAL COURT OF MARION COUNTY et al.
CourtSupreme Court of Indiana

225 Ind. 23
72 N.E.2d 357

STATE ex rel. IMEL
v.
MUNICIPAL COURT OF MARION COUNTY et al.

No. 28296.

Supreme Court of Indiana.

April 15, 1947.


Original proceeding on the petition of the State, on the relation of Richard Dale Imel, for a writ of prohibition against the Municipal Court of Marion County, Room No. 3, Joseph M. Howard, as judge of such court, to prohibit respondent from continuing the detention and confinement of relator in the custody of the sheriff on a murder charge and from interfering with or obstructing order of juvenile court releasing relator to his father.

Temporary writ vacated and permanent writ denied.

Sherwood Blue, of Indianapolis, for relator.

[72 N.E.2d 357]

David M. Lewis and Lewis, Goett and Elliott, all of Indianapolis, for respondents.

Joseph O. Hoffman, of Indianapolis, Cleon H. Foust, Atty. Gen., and Frank E. Coughlin, First Deputy Atty. Gen., Amici Curiae.


YOUNG, Judge.

On March 18, 1947, relator shot and killed his stepmother, and on the following day an affidavit was filed in the Juvenile Court of Marion County wherein relator was charged with being a delinquent child by reason of said killing. He was at the time in his fifteenth year. He was released to his father by the Judge of the Juvenile Court.

On the following day, the Prosecuting Attorney for the 19th Judicial Circuit of the State of Indiana caused an affidavit to be filed in the Municipal Court of Marion County, wherein relator was charged with the premeditated murder of his stepmother for which the penalty is death or life imprisonment. A warrant for his arrest was issued upon said affidavit and relator was arrested and taken before the respondent judge, who heard evidence at the conclusion

[72 N.E.2d 358]

of which relator's counsel made an oral motion for the discharge of relator, which respondent judge took under advisement and placed relator in the custody of the sheriff and continued the case until March 25, 1947. Prior to that date, relator filed his petition herein for a writ prohibiting the respondent judge from continuing the detention and confinement of the relator in the custody of the sheriff and from interfering with or obstructing the order of the Juvenile Court releasing relator to his father and from exercising any further jurisdiction of the relator and further asking that said respondent judge be mandated to order release of relator from the Marion County jail and from the custody of the sheriff and to transfer said cause to the Juvenile Court. A...

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