Elder v. DOWD, WARDEN, ETC.

233 Ind. 256 (1954)

118 N.E.2d 805

ELDER

v.

DOWD, WARDEN, ETC.

No. 29,055.

Supreme Court of Indiana.

Filed April 20, 1954.

James C. Cooper, Public Defender and Richard M. Givan, Deputy Public Defender, for appellant.

Edwin K. Steers, Attorney General, and Carl Franceschini, Deputy Attorney General, for appellee.

EMMERT, J.

This is an appeal from a judgment for the appellee who was defendant to a complaint for writ of habeas corpus. We overruled appellee's motion here to dismiss the appeal, and the cause has been briefed upon the merits.

Appellee contended in the motion to dismiss that appellant had…