Miller v. State

Indiana Supreme Court

Miller v. State

142 N.E.2d 432, 236 Ind. 704, 1957 Ind. LEXIS 236

CourtIndiana Supreme Court

DecidedMay 27, 1957

DocketNo. 29,526

StatusPublished

Cited by2 cases

This text of 142 N.E.2d 432 (Miller v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. State, 142 N.E.2d 432, 236 Ind. 704, 1957 Ind. LEXIS 236 (Ind. 1957).

Pincite

Opinion

Per Curiam.

The rule is now well established that a petition for a belated appeal must not only show cause for the delay but “. . . there must be a . . . prima facie showing made of merit to the appeal.” Ewbank’s Indiana Criminal Law, §541, p. 351, and cases cited.

Petitioner states as a conclusion “that there is a prima facie showing made of merits,” but fails completely to state any facts by which the merit of such appeal might be ascertained.

The petition is therefore dismissed.

Note. — Reported in 142 N. E. 2d 432.

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