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235 Ind. 379

Willis v. State

Indiana Supreme Court

Decided April 26, 1956

Indiana Supreme Court · decided 1956-04-26

Relies on 127 Ind. App. 565 - Huber v. Protestant Deaconess Hospital, Etc.

Decided 1956-04-26

Per Curiam.

¶1Subsequent to the perfecting of this appeal appellant filed in this court a petition for leave to file a petition for writ of error coram nobis in the trial court during the pendency of this appeal. This petition was granted and the trial court directed to certify its action on the petition for writ of error coram nobis to this court.

¶2On March 14, 1956, the trial court filed its report of the hearings on appellant’s petition for the writ stating that defendant-appellant had been granted a new trial.

¶3On April 4, 1956, appellant filed his motion to dismiss the appeal herein. Because the relief which appellant sought by his appeal herein has been granted to him in the coram nobis proceeding, the question presented by his appeal is now moot.

¶4The petition to dismiss is sustained and the appeal herein is hereby dismissed.

¶5Note. — Reported in 133 N. E. 2d 864.

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