State ex rel. Singer v. Nixon
This text of 114 N.E.2d 879 (State ex rel. Singer v. Nixon) 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
Petitioner was convicted of failure to support his minor children on September 9, 1947, in the Pike Circuit Court. He received a sentence of one to seven years which he is now serving.
He has since filed in the Pike Circuit Court his motion to vacate the sentence, upon which motion that court has not acted. He asks here an alternative writ of mandate to compel the Pike Circuit Court to rule on his motion.
His motion is based solely upon his contention that the court was without jurisdiction to enter sentence until the court ordered him to pay support and he failed to comply with such order. There is no such provision in the applicable statute. Section 10-1402, Burns’ 1942 Replacement. The statute merely provides that the trial court may follow that procedure.
Petition denied.
Gilkison, J., not participating.
Note. — Reported in 114 N. E. 2d 879.
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Cite This Page — Counsel Stack
114 N.E.2d 879, 232 Ind. 704, 1953 Ind. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-singer-v-nixon-ind-1953.