Opinion
No. 27,665.
Filed April 14, 1942.
HABEAS CORPUS — Appeal — Petitioner Not Entitled to Transcript of Record at County's Expense. — Where relator sought to appeal from an order dismissing his petition for writ of habeas corpus, and not from a judgment against him in the criminal prosecution, he was not entitled to a transcript of the record at the county's expense, since he and not the State is the moving party, and hence a petition for an order mandating the trial judge to allow relator to appeal from the judgment in the habeas corpus proceeding as a poor person was denied.
Original action by the State of Indiana on the relation of Fred Rankin against Wirt Worden, Judge of the LaPorte Circuit Court, for a writ of mandate to compel respondent to allow relator to appeal from a judgment in a habeas corpus proceeding as a poor person.
Petition denied.
Fred Rankin, of Michigan City, pro se.
This is an original action in which it appears that the relator, an inmate of the Indiana State Prison, filed his petition for a writ of habeas corpus; that a writ issued, which was afterward dissolved, and his petition dismissed. Relator seeks an order mandating the respondent to allow the relator to appeal from the judgment in the habeas corpus proceeding "as a poor person."
The relator may appeal, of course, without permission of the respondent court. It is assumed that he seeks a transcript of the record at the expense of the county. The appeal which he seeks to perfect is not from a judgment against him in the criminal prosecution. In the habeas corpus proceeding he is the moving party. For the reasons indicated in State ex rel. Cutsinger v. Spencer, Judge (1941), ante, p. 148, 37 N.E.2d 88, 41 N.E.2d 601, he is not entitled to the relief prayed.
The petition is denied.
NOTE. — Reported in 40 N.E.2d 970.