State ex rel. Jones v. Smith, s. 27745

• Decision Date: 10 December 1942
• Docket Number: 27783.,Nos. 27745,s. 27745
• Citation: 45 N.E.2d 203,220 Ind. 645
• Parties: STATE ex rel. JONES v. SMITH, Judge. SAME v. HORNADAY, Judge.
• Court: Indiana Supreme Court

220 Ind. 645

45 N.E.2d 203

STATE ex rel. JONES

v.SMITH, Judge.

SAME

v.HORNADAY, Judge.

Nos. 27745, 27783.

Supreme Court of Indiana.

Dec. 10, 1942.

Original actions by the State, on the relation of Clyde Jones, against Russell W. Smith, as regular judge of the LaPorte Superior Court of Indiana, and against the Honorable John W. Hornaday, as trial judge and/or the Honorable Ernest R. Stewart, as present judge of the Boone Circuit Court of Indiana, for writs of mandate.

Petitions denied.

Clyde Jones, pro se.

No appearance for appellee.

PER CURIAM.

These two original actions were filed by the same Clyde Jones whose petition for a writ of habeas corpus filed as an original action in this court was denied in Jones v. Dowd, Warden, Ind.Sup., 1941, 37 N.E.2d 68, 69.

In 27745 he asks this court to mandate the respondent to receive and file relator's application for a writ of habeas corpus and to act thereon. As an exhibit to his petition he attaches a copy of the application for a writ of habeas corpus which he says the respondent judge did not permit to be filed in the La Porte Superior Court. This application contains substantially the same allegations, with greater degree of particularity, that were contained in the petition filed in Cause No. 27635 and denied in Jones v. Dowd, Warden, supra. We said in that case that petitioner was seeking to use a writ of habeas corpus as a method of review for error of law in the trial in which he was convicted. We added: ‘Procedure and methods of correcting error of law by appeal are provided by statute, and neither courts of general jurisdiction nor this court can review the proceedings of a court of general jurisdiction for error by habeas corpus proceedings.’ Since it appears from the exhibit attached to his petition that the LaPorte Superior Court had no jurisdiction to grant the relief prayed therein, it follows that petitioner suffered no harm by the refusal of the judge of that court to permit the application to be filed. The petition for writ of mandate in 27745 is therefore denied. See, also, State ex rel. O'Leary v. Smith, Ind.Sup., 1941, 37 N.E.2d 60.

In 27783 relator asks that we mandate the judge of the Boone Circuit Court to set a date for a hearing on relator's motion for the appointment of counsel to prosecute a petition for a writ of error coram nobis now pending in said court and to set a date for a trial of said petition. We are informed that the Honorable Ernest R. Stewart, Judge of...