Opinion
No. 41340.
December 13, 1932.
CERTIORARI: Proceedings and Determination — Dismissal For Want of Abstract. Certiorari to a district judge will be dismissed when petitioner, having ample time to do so, fails to file an abstract as specifically ordered by the court.
Certiorari to Linn District Court. — H.C. RING, Judge.
This is a certiorari proceeding. The petitioner for the writ is serving a sentence of imprisonment in the penitentiary, which was adjudged against him by the respondent judge upon a plea of guilty. To speak more accurately three such sentences were imposed upon him in three pending prosecutions. Each of these prosecutions purported to be for uttering a forged instrument, but the pleas of guilty were entered as for forgery, as an included offense. A prosecution for rape was pending against the defendant in the same court and likewise a prosecution for burglary. The pleas of guilty were entered by the defendant pursuant to certain negotiations involving the five prosecutions. In these negotiations the petitioner, as defendant therein, was represented by able counsel. As a result of the negotiations, the pleas of guilty were entered in the three cases and the prosecution was dismissed in each of the other two cases. In his petition for a writ, the petitioner assails the jurisdiction of the court and the validity of the county-attorney informations filed against him. For the reason hereinafter indicated, the proceeding is dismissed. — Dismissed.
Joyce Wilson, for petitioner.
The petitioner filed his brief, and then a supplemental brief. He has filed no abstract. His failure in that respect was in violation of the writ, which expressly required that an abstract should be filed. On October 3, 1932, the respondent filed his motion to dismiss the proceeding for want of an abstract. It was ordered by us that the motion be submitted with the case. The petitioner made no other response to the motion to dismiss than to file a purported demurrer thereto. The case and the motion were submitted to us on November 22, 1932. It is manifest that the petitioner has had abundant time to cure his failure. Upon the record before us the motion to dismiss must be sustained, and it is so ordered.
The writ is discharged, and the proceeding — Dismissed.
All the justices concur.