Gorham v. State

Indiana Supreme Court

Gorham v. State

132 N.E.2d 616, 235 Ind. 225, 1956 Ind. LEXIS 146

Indiana Supreme Court·Decided March 13, 1956·No. No. 29,298·Published

Opinion

Achor, J.

This is an appeal from the St. Joseph County Circuit Court wherein the trial court “overruled” appellant’s petition for writ of error coram nobis.

The court’s minutes are not sufficient to constitute an appealable final judgment.

Furthermore, the record discloses that the action of the court was taken without appearance by the prosecuting attorney, without the cause being put at issue and without counter affidavits being filed or evidence being heard.

Therefore, the cause is remanded to the trial court for further proceedings consistent herewith.

Bobbitt, C. J., Arterburn, Emmert and Landis, JJ., concur.

Note. — Reported in 132 N. E. 2d 616.

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Achor, J.

This is an appeal from the St. Joseph County Circuit Court wherein the trial court “overruled” appellant’s petition for writ of error coram nobis.

The court’s minutes are not sufficient to constitute an appealable final judgment.

Furthermore, the record discloses that the action of the court was taken without appearance by the prosecuting attorney, without the cause being put at issue and without counter affidavits being filed or evidence being heard.

Therefore, the cause is remanded to the trial court for further proceedings consistent herewith.

Bobbitt, C. J., Arterburn, Emmert and Landis, JJ., concur.

Note. — Reported in 132 N. E. 2d 616.

Gorham v. State, 132 N.E.2d 616, 235 Ind. 225, 1956 Ind. LEXIS 146 (Ind. 1956).

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132 N.E.2d 616 (Gorham v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.