Opinion
No. 28,785.
Filed April 26, 1951.
MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Copy of Proceedings Correctly Certified — Petition Insufficient. — In an original mandamus action for relief relative to an action in an inferior court, where the document accompanying the petition and purporting to be a certified copy of the proceedings in the inferior court was not certified by the trial judge nor ordered filed as part of the record in the cause, the petition did not comply with the Supreme Court rule requiring that certified copies of the pleadings, orders and entries pertaining to the subject matter in the inferior court be set out or attached thereto as exhibits, and relief would be denied. Rules of the Supreme Court, 1-11, 2-35.
Original action by the State of Indiana on the relation of John Henry McCree against William J. Murray, as Judge of the Criminal Court of Lake County, for an alternative writ of mandamus.
Petition denied.
John Henry McCree, pro se.
The petitioner has filed here what he designates as a verified petition for alternative writ of mandamus. It appears to have been drafted without benefit of counsel, and is accompanied by various other documents, only one of which is a copy certified by the Clerk of the Criminal Court of Lake County. From the latter it appears that the relator in said court was charged by affidavit in two counts with the offenses of robbery, and armed robbery.
The document purporting to be a certified copy of the proceedings had when the relator pleaded guilty to the first count does not comply with Rule 1-11 of this court, in that the transcript is not certified by the trial judge or ordered filed as a part of the record in the cause.
The petition here does not comply with Rule 2-35 as to certified copies of "pleadings, orders and entries pertaining to the subject matter." See Warmouth v. Owen, Judge (1951), 229 Ind. 279, 97 N.E.2d 866, and cases therein cited.
The petition here is unintelligible. From it we are unable to ascertain what legal wrong has been committed by the trial court for which a writ should issue, or what kind of an order the petitioner seeks.
The issuance of the alternative writ is denied.
NOTE. — Reported in 98 N.E.2d 364.