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State v. Allison

Supreme Court of Indiana
Mar 2, 1961
172 N.E.2d 576 (Ind. 1961)

Opinion

No. 30,055.

Filed March 2, 1961. Rehearing denied April 4, 1961.

WRIT OF ERROR CORAM NOBIS — Original Jurisdiction — Supreme Court. — The Supreme Court has no original jurisdiction to entertain a petition for writ of error coram nobis.

Petitioner, William J. Allison, had filed in the Supreme Court a petition designated as a writ of error coram nobis.

Petition dismissed.

William C. Erbecker, of Indianapolis, for petitioner.

Edwin K. Steers, Attorney General, and Patrick D. Sullivan, Deputy Attorney General, for respondent.


The petitioner, William J. Allison, has filed in this court what he designates as a writ of error coram nobis. His petition reveals that he had previously been convicted in the trial court and took an appeal to this court on September 10, 1958, which was determined by this court in Allison v. State (1960), 240 Ind. 556, 166 N.E.2d 171.

The State of Indiana has filed a motion to dismiss the petition herein on the ground that this court has no original jurisdiction to entertain a petition for a writ of error coram nobis. This principle is well established in Stephenson v. State (1932), 205 Ind. 141, at page 194, 179 N.E. 633, 186 N.E. 293 and Lake v. State (1947), 225 Ind. 76, 72 N.E.2d 746.

For the reasons stated the petition is dismissed.

Bobbitt, C.J., not participating.

NOTE. — Reported in 172 N.E.2d 576.


Summaries of

State v. Allison

Supreme Court of Indiana
Mar 2, 1961
172 N.E.2d 576 (Ind. 1961)
Case details for

State v. Allison

Case Details

Full title:STATE OF INDIANA v. ALLISON

Court:Supreme Court of Indiana

Date published: Mar 2, 1961

Citations

172 N.E.2d 576 (Ind. 1961)
172 N.E.2d 576