State ex rel. Nicholas v. Criminal Court

CONCURRING OPINION

Bobbitt, J.

I feel impelled to state briefly my reasons for concurring in the result of the majority opinion.

*210Acts 1955, ch. 253, §1, p. 647, being §3-2201, Burns’ 1959 Cum. Supp., reads in part as follows:

“. . . writs of mandate may issue out of the Supreme Court to the circuit, superior, criminal, probate, juvenile, conservancy district or municipal courts of this state, respectively, compelling the performance of any duty enjoined by law upon such [court]. . . .”

Acts 1911, ch. 223, §2, p. 541, being §3-2202, Burns’ 1946 Replacement, reads as follows :

“The action for mandate…