Opinion
No. O-153.
Filed December 20, 1950.
1. MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Pleadings, Orders and Entries — Petition Insufficient. — In an original mandamus action to compel respondent court to determine relator's petition to modify a judgment of conviction, the petition in the mandamus action, which failed to set forth all pleadings, orders and entries pertaining to the subject matter in the respondent court, was insufficient. Rules of the Supreme Court, 2-35. p. 80.
2. MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Allege Service of Notice on Attorney General — Petition Insufficient. — In an original mandamus action to compel respondent court to determine relator's petition to modify a judgment of conviction, the petition in the mandamus action, which failed to allege service of notice of the proceedings in the respondent court on the Attorney General, was insufficient. Burns' 1933 (1949 Supp.), § 49-1937. p. 80.
Original action by the State of Indiana on the relation of Joe Bob Hunter against the Vanderburgh Circuit Court and Ollie C. Reeves, as Judge thereof, to mandate the respondents to determine relator's petition to modify a judgment of conviction.
Petition denied.
Joe Bob Hunter, pro se.
The verified petition here seeks to mandate the trial court to determine relator's petition to modify a judgment of conviction. The petition here fails to show any service of notice on 1, 2. the Attorney General of Indiana as required by § 49-1937, Burns' 1933 (1949 Supp.), and it fails to set out "certified copies of all pleadings, orders and entries pertaining to the subject matter" in the trial court. For these reasons the issuance of the alternative writ is denied on the authority of State ex rel. Bramlett v. LaPorte Superior Court (1950), 229 Ind. 77, 95 N.E.2d 631, decided today, and cases therein cited.
NOTE. — Reported in 95 N.E.2d 634.