Legal Opinion

State Ex Rel. O'Leary v. Smith, Judge

Indiana Supreme Court

Decided November 3, 1941No. 27,607PublishedCited by 15 opinions

1Per curiam

By this petition, the relator seeks a mandate against the respondent requiring the issuing of a writ of habeas corpus, and an inquiry into the legality of his restraint by the warden of the State Prison at Michigan City. The petition for the writ of habeas corpus is made an exhibit to the petition here. It appears upon its face that he is confined in the State Prison at Michigan City upon a commitment issued by the Franklin Circuit Court of Indiana, a court of general criminal jurisdiction, upon a judgment regular upon its face. He alleges that he filed his petition, and the respondent court…

2Cited by15 opinions

  1. Partlow v. Superintendent, Miami Correctional FacilityIndiana Court of Appeals · 2001
  2. State Ex Rel. Jones v. SmithIndiana Supreme Court · 1942
  3. Benford v. MarvelIndiana Court of Appeals · 2006
  4. Bryarly v. Howard, WardenIndiana Supreme Court · 1947
  5. Spence v. DowdCourt of Appeals for the Seventh Circuit · 1944

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