(DOWNLOAD) "State Ex Rel. O'Leary v. Smith" by 607. Supreme Court of Indiana No. 27 # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. O'Leary v. Smith
- Author : 607. Supreme Court of Indiana No. 27
- Release Date : January 03, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
PER CURIAM. By this petition, the relator seeks a mandate against the respondent requiring the issuing of a writ of habeas corpus, and an inquiry into the legality of his restraint by the warden of the State Prison at Michigan City. The petition for the writ of habeas corpus is made an exhibit to the petition here. It appears upon its face that he is confined in the State Prison at Michigan City upon a commitment issued by the Franklin Circuit Court of Indiana, a court of general criminal jurisdiction, upon a judgment regular upon its face. He alleges that he filed his petition, and the respondent court has failed and refused to act upon it. Section 3-1901, Burns' 1933, § 1020, Baldwin's 1934, provides: ""Every person restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of the restraint, and shall be delivered therefrom when illegal."" Section 3-1918, Burns' 1933, § 1033, Baldwin's 1934, provides: ""No court or Judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term of commitment has not expired, in either of the cases following: . . . Second. Upon any process issued on any final judgment of a court of competent jurisdiction.""
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