Opinion
No. 28,416.
Filed February 3, 1948.
1. CRIMINAL LAW — Appeal — Public Defender — Duty. — When the time for an appeal to the Supreme Court has expired it is the duty of the Public Defender to represent a pauper defendant and secure a transcript at public expense if the prisoner has a meritorious case. p. 602.
2. MANDAMUS — Nature and Grounds — Petition — Pauper Defendant — Rules of Supreme Court. — A petition to mandate the judge of the circuit court to furnish a pauper defendant a transcript and counsel to represent him on appeal will be denied where "certified copies of all pleadings, orders and entries pertaining to the subject matter are not filed as required by Rule 2-35 of the Rules of the Supreme Court." p. 602.
Original action by the State of Indiana on the relation of Thomas C. Crawford against H. DeWitt Owen as judge of the Vigo Criminal Court for a writ of mandate.
Petition dismissed.
Thomas C. Crawford, pro se.
This is an original action for alternate writ of mandate against the judge of the Vigo Circuit Court. The petition has been drafted by petitioner without benefit of counsel, and it is with great difficulty that we are able to obtain the substance of his complaint. Apparently the petitioner was convicted of some crime in Cause No. 16572 entitled the State of Indiana v. Thomas C. Crawford, after which he filed a petition with the Vigo Circuit Court to obtain, as a poor person, a transcript of the record and counsel for appeal. This petition was filed June 20, 1947. Petitioner now seeks to have this court mandate the trial court to furnish him, as a poor person, with counsel and transcript for appeal.
The petition here does not allege the date of his conviction, but it must have been prior to June 20, 1947, the time petitioner's original request was made to the 1. trial court. His regular time for appeal has expired. Rule 2-2; Smith v. State (1939), 215 Ind. 276, 19 N.E.2d 549. There are no facts alleged to entitle the petitioner to any remedy under § 5 of ch. 189 of the 1947 Acts.
Since his original time for appeal has expired, petitioner's remedy is through the Public Defender, who is now authorized to represent him if he has any meritorious cause for the consideration of this court. See ch. 38 of the 1945 Acts [§ 13-1402, Burns' 1942 Replacement (Supp.)].
The petition is further insufficient in that there are no "certified copies of pleadings, orders and entries pertaining to the subject matter" either set out in the petition or made 2. exhibits thereto as required by Rule 2-35 of this court. State ex rel. Talkington v. Hoffman, Judge (1947), ante, p. 475, 76 N.E.2d 252.
Petition is hereby denied.
NOTE. — Reported in 77 N.E.2d 123.