Opinion
No. 0-387.
Filed September 28, 1954.
Kelly Petillo, petitioner, brings original action seeking an appeal from a judgment entered by Marion County Criminal Court, Division One, denying his petition for writ of error coram nobis.
Motion dismissed.
Kelly Petillo, pro se.
Relator files what he designates as a verified motion to be granted an appeal from the Marion County Criminal Court, Division One, from a judgment entered August 9, 1954, denying his petition for a writ of error coram nobis filed in the trial court. Rule 2-40 provides an appeal may be prosecuted in such matters within ninety days after the day of the decision.
If relator has merit to his appeal, and he is a pauper as he alleges, it is the duty of the Public Defender to prosecute it, and the relator should bring the matter to his attention.
The motion is dismissed.
NOTE. — Reported in 121 N.E.2d 734.