Opinion
No. 27,979.
Filed March 13, 1944.
MANDAMUS — Grounds — Discharge of Prisoner From Custody — Motion to Quash Writ of Habeas Corpus Sustained — Appealable Final Judgment. — Where a motion to quash a writ of habeas corpus was sustained, a mandate by the Supreme Court to compel the court to discharge respondent from custody will not lie, since upon entry of a judgment finally disposing of the matter, there is a remedy by appeal to question the correctness of the court's ruling.
Original action in the Supreme Court by the State of Indiana, on the relation of Ralph M. Frye, against Frank J. Conboy, as sole judge of the La Porte Circuit Court, for a writ of mandate to require respondent to discharge relator from custody.
Petition denied.
Ralph M. Frye, of Michigan City, pro se.
The relator, an inmate of the Indiana State Prison, filed a petition for habeas corpus in the respondent court. A writ issued. There was an appearance and a motion to quash the writ, which was sustained. The relator, by this original action, seeks a mandate requiring the respondent court to discharge him from custody. The character of the judgment entered by the trial court upon sustaining the motion to quash is not disclosed. If and when a judgment finally disposing of the matter is entered, there is a remedy by appeal to question the correctness of the court's ruling.
No cause for action by this court having been made to appear, the petition is denied.
NOTE. — Reported in 53 N.E.2d 543.