State ex rel. Spencer v. Criminal Court of Marion Cnty., No. 27103.

• Docket Nº: No. 27103.
• Citation: 15 N.E.2d 1020, 214 Ind. 551
• Case Date: July 13, 1938
• Court: Supreme Court of Indiana

214 Ind. 551
15 N.E.2d 1020

STATE ex rel. SPENCER
v.
CRIMINAL COURT OF MARION COUNTY et al.

No. 27103.

Supreme Court of Indiana.

July 13, 1938.

Original action for writ of prohibition by the State on the relation of Herbert M. Spencer, etc., against the Criminal Court of Marion County, and others, to prohibit respondents from interfering with relator in the performance of his official duties as prosecuting attorney.

Temporary writ made permanent.

[15 N.E.2d 1021]

Edward H. Knight and Oscar C. Hagemier, both of Indianapolis, for relator.

F. W. Patrick and H. K. Bachelder, both of Indianapolis, for respondents.

PER CURIAM.

This is an original action seeking a writ of prohibition against the respondents. It is alleged in the petition that the relator is the duly elected, qualified, and acting prosecuting attorney of Marion County; that the respondent, Frank P. Baker, acting as the sole judge of the Criminal Court of Marion County, upon his own motion, and when no action or proceeding of any character respecting the subject matter was pending, entered an order appointing the respondents, Harold K. Bachelder and Fae W. Patrick, as special prosecuting attorneys, to investigate suspected or rumored violations of law in connection with the primary election held in Marion County in May, 1938; and that the respondent judge has ordered the impounding of all ballots and documents used in such election, for use of the grand jury and inspection of the special prosecutors; that the relator and his staff of deputies are fully qualified, willing, and able, to investigate any irregularities which shall come to their notice in connection wth such election.

It is further alleged that contests respecting the nomination for the offices of mayor and sheriff have been instituted in the Marion Circuit Court; that ballots are being recounted; that the results of the recount in certain precincts have been released to the press by the recount commissioners and have indicated discrepancies in certain precincts between the official vote and the recount vote, and that certain other facts have appeared which may, upon investigation, reveal offenses against the State of Indiana in connection with such primary election; that, as yet, no particular person has been definitely identified with and accused of any illegal acts; and that, until further investigation of the facts by the relator and the grand jury, the guilt or innocence of any persons in any such matters cannot be determined; that a new grand jury is about to be summoned for service in July, 1938; that the completion of the recount of the ballots will require most of the month of July, and that, until completed, the ballots are in the official custody of the circuit court in whose jurisdiction the recounts are being made; that the relator intends to undertake an investigation whenever the ballots and documents are fully available; that only one deputy connected with relator's staff had any connection with such primary election, and that that deputy served only as a clerk of the board in one of the precincts where certain discrepancies appeared; that no facts have been reported to the relator which disclose any violation of the law by such deputy, and that if there were violations of law by such deputy they were not in respect to or connected with his duties as a prosecuting attorney; that he and...