State Ex Rel. Rose v. Worden, Special Judge

This is an original action filed in this Court by relator, Jay S. Rose, wherein he seeks a writ of prohibition and an order of mandate against respondent.

Upon presentment, a temporary writ of prohibition issued. Respondent thereafter filed his response, and the question is now, shall the writ be made permanent.

The facts presented show that one J. C. Weer and relator were jointly indicted for conspiracy to commit a felony; that relator appeared specially and filed his verified plea in abatement to which the State of Indiana filed an answer in general denial. A hearing was had upon the plea in…