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[DOWNLOAD] "State Ex Rel. Dowd v. Superior Court" by 568. Supreme Court of Indiana No. 27 " eBook PDF Kindle ePub Free

State Ex Rel. Dowd v. Superior Court

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eBook details

  • Title: State Ex Rel. Dowd v. Superior Court
  • Author : 568. Supreme Court of Indiana No. 27
  • Release Date : January 11, 1941
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

FANSLER, C.J. ON PETITION FOR REHEARING. On June 10, 1941, the relator filed a petition seeking a writ prohibiting the respondent from issuing a writ of habeas corpus on the petition of one John Botwinski. It appears without controversy that Botwinski was charged with bank robbery in the Jasper Circuit Court, a court of general criminal jurisdiction; that he entered a plea of guilty; that there was a judgment finding him guilty; and that he was sentenced to the Indiana State Prison, and a commitment, regular in form, issued on said judgment, and that he was held by the relator under said judgment. These facts were fully disclosed and were not controverted in the trial court. It was the petitioner's contention that the judgment was void because he was deprived of the services of an attorney at the time of his arraignment, and had no attorney at the time he entered his plea of guilty. On the filing of the original action in this court, a temporary writ issued, and, after a return, which did not controvert these facts, the writ was made permanent by an order of this court entered on June 23, 1941, without an opinion.


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