State Ex Rel. Bevington v. Myers, Judge
This text of 41 N.E.2d 358 (State Ex Rel. Bevington v. Myers, Judge) 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.
Opinion
This is an original action in mandate. The petition recites that the petitioner is serving sentences in the State prison for robbery and grand larceny imposed by the Criminal Court of Marion County; that on the 26th day of February, 1942, he filed in said court a petition for a writ of habeas corpus and, subsequently, a request for the appointment of an attorney to represent him in the prosecution of said petition and also a motion for a change of venue from the judge. The petitioner says that the Criminal Court of • Marion County has refused to. entertain and act upon his petitions and motion.
While the character of a pleading is determined from its contents rather than its title, we are obliged to accept the petitioner’s recital that he is seeking a writ of habeas corpus since the pleadings presented to the Criminal Court of Marion County are not before us. The Criminal Court of Marion County has no jurisdiction of the proceeding for a writ of habeas corpus, the petitioner not being restrained of his liberty in Marion County.- § 3-1905, Burns’ 1933, § 1023, Baldwin’s 1934. Ex Parte Wiley (1871), 36 Ind. 528.
The petition for writ of mandate is, therefore, denied.
Note.—Reported in 41 N. E. (2d) 358.
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Cite This Page — Counsel Stack
41 N.E.2d 358, 220 Ind. 149, 1942 Ind. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bevington-v-myers-judge-ind-1942.