Opinion
No. 29,108.
Filed October 5, 1953.
MANDAMUS — Requisites — Nature of Petition — Rule 2-35. — Where petitioner filed an instrument entitled a petition for writ of habeas corpus, but its contents proved it to be more in nature of petition for writ of mandate, Supreme Court held that it failed to comply with Rule 2-35 of the Rules of the Supreme Court, and that the petition would be denied.
Original action by Allen E. Murray, who filed a petition for writ of habeas corpus but Supreme Court held that petition was misnomered and actually it was for writ of mandate and as such failed.
Petition denied.
Allen E. Murray, pro se.
The above named petitioner, appearing pro se, files an instrument entitled a petition for writ of habeas corpus. It appears to us, however, to be more in the nature of a petition for a writ to mandate the trial court to vacate, set aside and annul the judgment of conviction rendered against him in the trial court. The petition wholly fails to comply with Rule 2-35 of this court, and the issuance of a writ is therefore denied.
NOTE. — Reported in 114 N.E.2d 639.