State Ex Rel. Latham v. Spencer Circuit Court

This is an original action for writ of mandate to compel respondent court to relieve one O. H. Roberts, Jr., of his duties as prosecuting attorney in a certain statutory proceeding brought under Burns’ §10-2323 (1956 Repl.),1 and to appoint one Ralph M. Koehne as special prosecuting attorney therein, he to serve without compensation from public funds. We issued the alternative writ.

The cause pending in respondent court below is an action under the foregoing statute to recover gambling .losses of $35,000 lost by Eugene Latham, Jr., in a game known as “dice”. The suit was brought on behalf of…