State ex rel. Steers v. Criminal Court of Lake County, 29035
| Decision Date | 17 June 1953 |
| Docket Number | No. 29035,29035 |
| Parties | STATE ex rel. STEERS, Atty. Gen., v. CRIMINAL COURT OF LAKE COUNTY et al. |
| Court | Indiana Supreme Court |
Edwin K. Steers, Atty. Gen., Carl Humble, Deputy Atty. Gen., for petitioner.
William J. Murray, Judge, Lake Criminal Court, pro se, Harry S. Long, Sp. Judge of Lake Criminal Court, pro se, E. Miles Norton, Crown Point, for respondents.
The respondents have called our attention to our statement as to the time the Attorney General first objected to the proceedings by which the special judge purported to suspend the sentence. The certified copies of the order book records of the Criminal Court of Lake County (Order Book No. 39, p. 55, December 26, 1952) disclose that 'the State of Indiana by its Prosecuting Attorney having refused to participate in the proceedings herein, does not appear, and the defendant now files herein notice of the Attorney General of the State of Indiana and proof of service thereof made on the 4th day of December, 1952 * * *.' No appearance or objection was made by the Attorney General at the time the purported suspension of sentence was entered by the special judge.
However, on February 20, 1953, C. Ballard Harrison by counsel filed written objection to the filing, on said date, of a petition by the Attorney General of the State of Indiana to require the respondent Murray, is regular judge, to strike out and expunge from the record the purported judgment by which the special judge pretended to suspend the sentence of imprisonment.
The record brought to our attention does not disclose that the Prosecuting Attorney of Lake County was ever mentioned after the entry of December 26th when he 'refused to participate in the proceedings,' but this did not waive any rights of the State.
We have already decided that 'The entries made by the special judge after the affirmance of the judgment by us on appeal are void and of no effect, and should be stricken from the record.' The failure of the preceding Attorney General to appear and resist the suspension of sentence did not make a void entry valid, nor does any statute give the Attorney General authority to waive this question of jurisdiction.
There is no merit to the remaining points presented by the petition for rehearing.
The petition for rehearing is denied.
DRAPER, J., not participating.
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