Opinion
No. 30,041.
Filed June 19, 1961.
APPEAL — Bond Pending Appeal of Writ of Error Coram Nobis — Dismissal of Appeal — Moot Question. — In original action for writ of mandate to compel respondent judge to grant relator his release on bond while an appeal from a denial of a writ of error coram nobis is pending, relator has since dismissed the appeal and therefore the question concerning the writ of mandate has become moot and will not be decided.
Original action by State of Indiana on relation of Conner McCray, relator, seeking a writ of mandate against respondents, Criminal Court of Lake County, George Krstovich, Special Judge thereof. An alternative writ was issued.
Alternative writ dissolved and permanent writ denied.
John N. Stanton, O. Warren Harvey, both of Gary, for relator.
George Krstovich, pro se.
The petitioner in this original action for a writ of mandate to compel the Criminal Court of Lake County, George Krstovich, Special Judge, to grant petitioner his release on bond while an appeal from the denial of a writ of error coram nobis is pending, has since dismissed the appeal.
Therefore, the question concerning this writ of mandate is now moot, and the alternative writ heretofore granted is dissolved and the permanent writ is denied.
Landis, C.J., Achor, Arterburn and Bobbitt, JJ., concur.
NOTE. — Reported in 175 N.E.2d 418.