State ex rel. Zehrlaut v. Parke Circuit Court
| Decision Date | 29 June 1950 |
| Docket Number | No. O-95,O-95 |
| Citation | 93 N.E.2d 200,228 Ind. 494 |
| Parties | . Supreme Court of Indiana |
| Court | Indiana Supreme Court |
Herbert A. R. Zehrlaut, pro se and Randolph H. Mayes, Terre Haute, for relator.
Hugh H. Banta, pro se.
The petition alleges relator was convicted of a violation of the Indiana Securities Law and sentenced to the Indiana State Prison for the term of one to five years. The prayer is to mandate the respondents to rule upon the sufficiency of his bond to be let to bail pending appeal. See Ch. 283 of Acts 1935, § 9-2312 et seq., Burns' 1942 Replacement. However, relator has failed to comply with Rule 2-35 in that he did not set out in the petition, or make exhibits thereto, 'certified copies of all pleadings, orders and entries pertaining to the subject-matter.' A disregard of this provision of the rule makes the petition insufficient. State ex rel. Sanders v. Reeves, Judge, 1950, Ind., 91 N.E.2d 912; Lester v. Grant Circuit Court, 1948, 226 Ind. 186, 78 N.E.2d 785.
The petition is denied.
JASPER, J., not participating.
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Felts v. Hedden, 28797
...1947, 225 Ind. 475, 477, 76 N.E.2d 252. State ex rel. Parlow v. Baker, Ind.Sup., 1950, 93 N.E.2d 199. State ex rel. Zehrlaut v. Parke Circuit Court, Ind.Sup., 1950, 93 N.E.2d 200. State ex rel. Cowden v. East, Judge, Ind.Sup., 1951, 98 N.E.2d 188, 189. The statute authorizing a mandamus act......
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