Opinion
No. 28,374.
Filed February 6, 1948.
MANDAMUS — Nature and Grounds — Persons Entitled to Relief — Jurisdiction — Relief. — Where an infant has been committed to the Boys' School and later the court modified the order and released the infant, the victim of the infant's offense cannot in an action of mandate in the Supreme Court mandate the judge to expunge the order of modification and strike it from the record.
Original action by the State of Indiana on the relation of Edith K. Johnson, against the White Circuit Court, acting as a juvenile court, for a writ of mandate to strike out and expunge from the record an entry and order made by Robert E. Thompson, special judge.
Writ of mandate denied.
Thomas F. O'Mara, of Terre Haute, and J. Edward Barce, of Kentland, for relatrix.
Russell Gordon, Judge, pro se, of Monticello, for respondent.
The facts alleged in the verified petition for alternate writ of mandate, and in the return, are identical to the facts alleged in Cause No. 28373 entitled State ex rel. Johnson v. White Circuit Court, decided this date, ante, p. 602, 77 N.E.2d 298, with the exception that a different juvenile defendant is named as having been committed to the Indiana Boys' School and subsequently released on order of the special judge. Therefore, on the authority of that opinion, the alternate writ of mandate issued in this original action is vacated and dissolved.
NOTE. — Reported in 77 N.E.2d 303.