Opinion
No. 27,681.
Filed February 27, 1942.
MANDAMUS — Subjects and Purposes of Relief — Proceedings of Courts and Officers — Furnishing of Record of Improper Proceeding Not Required. — Where it appeared from a relator's petition for a writ of habeas corpus that he was held in the state prison under a commitment issued on a judgment of a circuit court, regular on its face, such circuit court had no jurisdiction of the petition, which was properly dismissed, hence a petition for a writ of mandate in the Supreme Court against the judge of such court directing him to provide relator with a record for an appeal to the Supreme Court from the order dismissing such petition must be denied.
Original action by the State of Indiana, on the relation of Berlin Spence, against Wirt Worden, Judge of the LaPorte Circuit Court, seeking a writ of mandate requiring the respondent to provide relator with a record for an appeal to the Supreme Court from an order dismissing a petition for writ of habeas corpus. Petition denied.
Berlin Spence, pro se.
The relator has filed a petition for a writ of mandate against the respondent directing him to provide the relator with a record for an appeal to this court from an order dismissing a petition for a writ of habeas corpus. The relator recites that he is without funds to procure such record.
It appears from the petition that the relator is confined in the state prison under a commitment issued on a judgment of the St. Joseph Circuit Court regular on its face. Under these circumstances the LaPorte Circuit Court had no jurisdiction of the relator's petition for a writ of habeas corpus and the petition therefor was properly dismissed.
The petition for writ of mandate must be denied on the authority of State ex rel. O'Leary v. Smith, Judge (1941), ante, p. 111, 37 N.E.2d 60.
It is so ordered.
NOTE. — Reported in 39 N.E.2d 733.