Opinion
No. 30,431.
Filed January 7, 1964.
MANDAMUS AND PROHIBITION — Moot Question — Criminal Law. — Writ of mandamus to require trial court to set murder case for trial at an early date will be denied where the matter becomes moot in that the case has been submitted to a trial by jury resulting in conviction.
Original action by the State of Indiana on the relation of James Martin Spellman, relator, seeking to mandate respondents, Vigo Circuit Court, H. Ralph Johnston, Judge and Edward L. Hamilton, Judge pro tem, to set the case of State v. Spellman, No. 20451 for an early trial. An alternative writ was issued.
Alternative writ dissolved and permanent writ denied.
John R. Jett, of Terre Haute, for relator.
Edward L. Hamilton, of Terre Haute, pro se. H. Ralph Johnston, of Terre Haute, pro se.
This is an original action for writ of mandate in this Court in which relator has asked in substance that respondent court be mandated to set the second degree murder case of State of Indiana v. James Martin Spellman (this relator), No. 20451, pending in the Vigo Circuit Court, for trial at an early date and asking certain other relief incidental thereto. We issued the alternative writ.
Subsequent to the issuance of the alternative writ and the filing of return thereto by respondent, affidavit has been filed in this Court certifying that the above entitled cause of State of Indiana v. James Martin Spellman, No. 20451, in the Vigo Circuit Court has been submitted to a trial by jury resulting in said Spellman's conviction of manslaughter and his being sentenced for a term of two to twenty-one years in the Indiana State Prison.
As the matters encompassed in relator's petition for writ of mandate are now moot, the alternative writ is now dissolved and the permanent writ denied.
NOTE. — Reported in 195 N.E.2d 97.