State ex rel. Lee v. Wilson, 28409.

• Decision Date: 16 February 1948
• Docket Number: No. 28409.,28409.
• Citation: 77 N.E.2d 354,225 Ind. 640
• Parties: STATE ex rel. LEE v. WILSON, Judge.
• Court: Indiana Supreme Court

225 Ind. 640

77 N.E.2d 354

STATE ex rel. LEE

v.WILSON, Judge.

No. 28409.

Supreme Court of Indiana.

Feb. 16, 1948.

Original action by the State, on the relation of James Lee, against S. Morris Wilson, as judge of the Crawford Circuit Court, for a mandate requiring respondent judge to provide relator competent counsel and a bill of exceptions and transcript for use upon appeal to Supreme Court from a judgment sentencing relator to Indiana State Prison.

Petition denied without prejudice.

James Lee, pro se.

Judge S. Morris Wilson, pro se.

YOUNG, Judge.

Relator has filed as an original action in this court a purported petition to mandate the respondent judge to provide relator competent counsel and a bill of exceptions and transcript for use upon appeal to this court from a judgment sentencing relator to the Indiana State prison. This case fits neatly into the pattern of State ex rel. Crawford v. Owen, Judge, Ind.Sup., 1948, 77 N.E.2d 123, and for the reasons a writ of mandate was denied in that case a writ should be denied in this.

It is not clear from relator's petition what, if anything, he has filed in the Crawford Circuit Court, although it does appear that he has petitioned that court in some manner.

Rule 2-35 of this court requires that if the relief sought relates to a proceeding in an inferior court certified copies of all pleadings, orders and entries pertaining to the subject matter should be set out in the petition or made exhibits thereto. Without such copies a petition is not sufficient. State, ex rel. v. Hoffman, Judge, Ind.Sup., 1947, 76 N.E.2d 252; State, ex rel. Crawford v. Owen, Judge, supra. Relator has failed to comply with this rule. If he had done so we would know definitely what situation he seeks to have adjusted.

It appears from his petition for mandate filed with us that he entered a plea of guilty on January 23, 1944, and was sentenced and delivered to the Indiana State prison. The nature of his offense does not appear. His regular time for appeal has long expired. We are not asked and the respondent has not been asked so far as it appears from the record before us, to permit relator to perfect an appeal after the regular period under the rules has expired. Relator's time for appeal having expired and permission to perfect an appeal after the regular time for taking same has elapsed, not having been asked or granted it does not appear that counsel to prosecute an appeal and a bill of exceptions and transcript...