Opinion
No. 27,971.
Filed March 13, 1944.
HABEAS CORPUS — Jurisdiction — Original Jurisdiction Not Conferred on Supreme Court. — The Supreme Court has no original jurisdiction of habeas corpus, but there is ample jurisdiction in the nisi prius courts to issue the writ in a proper case, with a remedy by appeal if the writ is erroneously denied.
Original action in the Supreme Court for a writ of habeas corpus.
Petition by the State of Indiana, on the relation of Chester Taylor, against Alfred F. Dowd, Warden of the Indiana State Prison, and John B. Hinchman, regular Judge of the Hancock Circuit Court, for a writ of habeas corpus and certiorari in aid thereof.
Petition dismissed.
Chester Taylor, of Michigan City, pro se. James A. Emmert, Attorney General, Frank Hamilton, First Assistant Attorney General, and Frank E. Coughlin, Deputy Attorney General, for appellees.
This is an original action seeking a writ of habeas corpus, and certiorari in aid thereof. There is ample jurisdiction in the nisi prius courts to issue the writ in a proper case, with a remedy by appeal if the writ is erroneously denied. This court has no original jurisdiction of habeas corpus. Jones v. Dowd, Warden (1941), 219 Ind. 114, 37 N.E.2d 68.
Petition dismissed.
NOTE. — Reported in 53 N.E.2d 543.