State ex rel. Schaaf v. Rose, No. 27941.

Docket NºNo. 27941.
Citation51 N.E.2d 856, 222 Ind. 96
Case DateDecember 21, 1943
CourtSupreme Court of Indiana

222 Ind. 96
51 N.E.2d 856

STATE ex rel. SCHAAF et al.
v.
ROSE, Special Judge, et al.

No. 27941.

Supreme Court of Indiana.

Dec. 21, 1943.


Original action by the State of Indiana, on the relation of Mary Grace Wells Schaaf and others, for an order mandating George P. Rose, as Special Judge of the Lake County Criminal Court, and the Lake County Criminal Court, Crown Point, Ind., to grant a change of venue, or in the alternative if such relief was not granted that the judge should be mandated to grant a change of venue from the judge and for further relief.

Order in accordance with opinion.

See, also, 49 N.E.2d 539, 542, 543.

[51 N.E.2d 857]

Richard P. Tinkham and F. C. Crumpacker, both of Hammond, and George E. Hershman, of Crown Point, for relators.

James A. Emmert, Atty. Gen., Frank Hamilton, First Deputy Atty. Gen., and Frank E. Coughlin, Deputy Atty. Gen., for respondents.


PER CURIAM.

This is an original action by relators asking an order manating the Special Judge of the Lake County Criminal Court to grant a change of venue from the county in cause number 20,000 pending in said court, entitled State of Indiana v. Mary Grace Wells Schaaf, Edward W. Schaaf, and Coleman Melvin, or, in the alternative, in the event such relief is not granted, asking that said judge be mandated to grant a change of venue from the judge. The complaint also asks for all further and proper relief in the premises. The Attorney General has appeared on behalf of respondents and the State of Indiana.

In the July Term, 1940, of the Criminal Court of Lake County an indictment was returned against relators and one Richard Melvin charging them with conspiracy to obtain money by false pretenses and to file false claims. On application of defendants in that case a change of venue was granted from Lake County to Newton County on the ground of bias and prejudice existing in the former county. The case continued to pend in Newton County until December 4, 1942, at which time, upon representation that a new prosecution was necessary, the Newton Circuit Court ordered relators and the said Richard Melvin to elect whether such new prosecution should be brought in Newton County or in Lake County. The relators contended that the procedure was illegal and refused to elect. However, the defendant, Richard Melvin, did elect that such new prosecution should be brought in Newton County. Thereupon, on order of the Newton Circuit Court, Richard Melvin furnished a recognizance bond to appear to the...

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6 practice notes
  • State ex rel. Fox v. La Porte Circuit Court, No. 3583
    • United States
    • Indiana Supreme Court of Indiana
    • December 17, 1956
    ...second change. This was a finding that bias and prejudice did exist in LaPorte County. State ex rel. Schaaf v. Rose, 1943, 222 Ind. 95, 51 N.E.2d 856. Nor did the accused seek a second change of venue as a matter of statutory right, but as a matter of constitutional right to a fair trial, a......
  • Watts v. State, No. 28695
    • United States
    • Indiana Supreme Court of Indiana
    • December 8, 1950
    ...reserved to appellant the right to be tried in the county to which the change of venue had been taken. State ex rel. Schaaf v. Rose, 1943, 222 Ind. 96, 51 N.E.2d 856. There was no violation of the constitutional rights of appellant under the above three sections of our statute. The fact tha......
  • Burton v. State, No. 671S174
    • United States
    • Indiana Supreme Court of Indiana
    • February 26, 1973
    ...showing of bias and prejudice has been made. See Brown v. State (1969), 252 Ind. 161, 247 N.E.2d 76; State ex rel. Schaaf v. Rose (1943), 222 Ind. 96, 51 N.E.2d 856; State ex rel. Page 794 Gannon v. Porter Circuit Court (1959), 239 Ind. 637, 159 N.E.2d 713; Irvin v. Dowd (1961), 366 U.S. 71......
  • Pollard v. State, No. 877S551
    • United States
    • Indiana Supreme Court of Indiana
    • April 25, 1979
    ...than what actually occurred. There is thus no merit to this argument as a ground for reversal. See State ex rel. Schaaf v. Rose, (1943) 222 Ind. 96, 51 N.E.2d Appellants next argue that Count I should have been dismissed because it charges them with killing Ronald Russell in Union County, K......
  • Request a trial to view additional results
6 cases
  • State ex rel. Fox v. La Porte Circuit Court, No. 3583
    • United States
    • Indiana Supreme Court of Indiana
    • December 17, 1956
    ...second change. This was a finding that bias and prejudice did exist in LaPorte County. State ex rel. Schaaf v. Rose, 1943, 222 Ind. 95, 51 N.E.2d 856. Nor did the accused seek a second change of venue as a matter of statutory right, but as a matter of constitutional right to a fair trial, a......
  • Watts v. State, No. 28695
    • United States
    • Indiana Supreme Court of Indiana
    • December 8, 1950
    ...reserved to appellant the right to be tried in the county to which the change of venue had been taken. State ex rel. Schaaf v. Rose, 1943, 222 Ind. 96, 51 N.E.2d 856. There was no violation of the constitutional rights of appellant under the above three sections of our statute. The fact tha......
  • Burton v. State, No. 671S174
    • United States
    • Indiana Supreme Court of Indiana
    • February 26, 1973
    ...showing of bias and prejudice has been made. See Brown v. State (1969), 252 Ind. 161, 247 N.E.2d 76; State ex rel. Schaaf v. Rose (1943), 222 Ind. 96, 51 N.E.2d 856; State ex rel. Page 794 Gannon v. Porter Circuit Court (1959), 239 Ind. 637, 159 N.E.2d 713; Irvin v. Dowd (1961), 366 U.S. 71......
  • Pollard v. State, No. 877S551
    • United States
    • Indiana Supreme Court of Indiana
    • April 25, 1979
    ...than what actually occurred. There is thus no merit to this argument as a ground for reversal. See State ex rel. Schaaf v. Rose, (1943) 222 Ind. 96, 51 N.E.2d Appellants next argue that Count I should have been dismissed because it charges them with killing Ronald Russell in Union County, K......
  • Request a trial to view additional results

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