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235 Ind. 225

Gorham v. State

Indiana Supreme Court

Decided March 13, 1956

Indiana Supreme Court · decided 1956-03-13

Decided 1956-03-13

Achor, J.

¶1This is an appeal from the St. Joseph County Circuit Court wherein the trial court “overruled” appellant’s petition for writ of error coram nobis.

¶2The court’s minutes are not sufficient to constitute an appealable final judgment.

¶3Furthermore, the record discloses that the action of the court was taken without appearance by the prosecuting attorney, without the cause being put at issue and without counter affidavits being filed or evidence being heard.

¶4Therefore, the cause is remanded to the trial court for further proceedings consistent herewith.

¶5Bobbitt, C. J., Arterburn, Emmert and Landis, JJ., concur.

¶6Note. — Reported in 132 N. E. 2d 616.

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