Opinion
No. 27,937.
Filed December 7, 1943.
MANDAMUS — Grounds — Compelling Hearing in Trial Court Upon Petition for Habeas Corpus — Want of Jurisdiction Disclosed — Dismissal. — A petition for a writ of mandate to compel a superior court to grant a hearing upon a petition for habeas corpus was denied, where the petition for mandate recited facts showing that the petition for habeas corpus was properly dismissed by such superior court for want of jurisdiction.
Original action in the Supreme Court for a writ of mandate.
Petition by Ernest Lee Bevington for a writ of mandate against Judge Robert S. Baker, La Porte Superior Court, to compel him to grant a hearing on a petition for habeas corpus. Petition denied.
Ernest Lee Bevington, of Michigan City, pro se.
This is an original action seeking a writ mandating the Judge of the La Porte Superior Court to grant a hearing upon a petition for habeas corpus.
The petition recites that the petitioner was convicted and sentenced to the Indiana State Prison by the Criminal Court of Marion County; that he filed a petition for habeas corpus in the La Porte Superior Court, and that his petition was dismissed without a hearing. The petition for habeas corpus is not brought before us, but if it recites the facts which are recited in the petition for mandate before this court, it was properly dismissed by the La Porte Superior Court for want of jurisdiction.
Petition for mandate denied.
NOTE. — Reported in 51 N.E.2d 635.