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247 Ind. 94

Prosser v. State

Indiana Supreme Court

Decided December 8, 1965

Indiana Supreme Court · decided 1965-12-08

Relies on 140 Ind. App. 264 - New York Central Railroad Co. v. Knoll · PLUNKET v. Lane · Lucianno v. Lane

Decided 1965-12-08

Myers, C. J.

¶1This is a verified petition for a writ of habeas corpus “ad-subjiceindum” addressed to this court, pro se, by Daniel Prosser, who designates himself as the petitioner herein. It is claimed that he was wrongfully convicted of assault and battery with intent to rape on September 11, 1962. He is now serving a one-to-ten year sentence at the Indiana State Reformatory.

¶2The Supreme Court of Indiana has no jurisdiction to entertain such a petition as is presented here since no original power to grant writs of habeas corpus has been given to it by Constitution or by Statute. Plunkett v. Lane, Warden (1965), 246 Ind. 530, 207 N. E. 2d 215; Lucianno v. Lane, Warden (1965), 246 Ind. 185, 204 N. E. 2d 220.

¶3Petition denied.

¶4Arterburn and Jackson, JJ., concur. Achor, J., not participating.

¶5Note. — Reported in 212 N. E. 2d 157.

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