Opinion
No. 28,736.
Filed July 19, 1951. Rehearing denied January 9, 1952.
APPEAL — Record — No Entry of Judgment — Appeal Dismissed. — On appeal in a habeas corpus action where there was no certified copy in the transcript of any order-book entry showing that a judgment had been rendered from which an appeal could be prosecuted, the appeal would be dismissed.
From the LaPorte Circuit Court, Lee L. Osborn, Judge.
Petition by Edward Becks against Alfred F. Dowd, Warden of the Indiana State Prison, for a writ of habeas corpus. From an adverse ruling thereon, petitioner attempts to appeal.
Appeal dismissed.
Edward Becks, pro se. J. Emmett McManamon, Attorney General; George W. Hand and John Ready O'Connor, Deputy Attorneys General, for appellee.
This purports to be an appeal from some action of the LaPorte Circuit Court on a petition for writ of habeas corpus filed by appellant in said court. The appellee has filed a motion to dismiss this appeal for noncompliance with the rules of this court.
It would only incumber the record in this proceeding to recite all the defects of the transcript. It is sufficient to note that we fail to find any certified copy of any order book entry of any judgment of the trial court from which an appeal could be prosecuted. See Harris v. State (1947), 225 Ind. 115, 73 N.E.2d 51; Parker v. State (1946), 224 Ind. 513, 69 N.E.2d 176.
The appeal is dismissed.
NOTE. — Reported in 99 N.E.2d 746.