Wisemiller v. State
This text of 166 N.E.2d 335 (Wisemiller 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.
Opinion
Vernie Wisemiller, an inmate at the Indiana State Prison, filed pro se a petition on January 20, 1960, entitled “Appeal of Motion To Re-Plead From Putnam Circuit Court.” Attached to such pleading is a petition for appointment of pauper counsel for petitioner and a “Motion To Withdraw Plea of Guilty and Allowed To Enter a Plea of Not Guilty.”
It appears that in April, 1956, petitioner plead guilty to a charge of rape and was sentenced to the Indiana State Prison on or about April 11, 1956. Petitioner’s motion to replead Was filed about the 20th of May, 1959, and denied on December 9, 1959.
An examination of the petition herein and all papers therewith shows there is no transcript, certified copies of the pleadings, orders or entries pertaining to the subject matter before the lower court.
Whether this be an original action or an appeal there is a failure to bring before this court properly a showing of any action in the lower court of which this complaint is made. There is, therefore, nothing before this court for consideration.
The petition is dismissed.
Note. — Reported in 166 N. E. 2d 335.
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Cite This Page — Counsel Stack
166 N.E.2d 335, 240 Ind. 705, 1960 Ind. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisemiller-v-state-ind-1960.