State Ex Rel. Casey v. Murray

The petition here is fatally defective for failure to comply with Rule 2-35 by setting out in the petition or making exhibits thereto “certified copies of all pleadings, orders and entries pertaining to the subject matter.” Lester v. Grant Circuit Court (1948), 226 Ind. 186, 78 N. E. 2d 785.

But even if we were at liberty to consider his verified petition as evidence of the record in the trial court, he still is not entitled to have his petition granted. His admissions disclose that on the 9th day of February, 1946, a jury convicted him of burglary in the first degree, for which he was…