Elder v. DOWD, WARDEN, ETC.

Concurring Opinion

Draper, C. J.

I concur in the result reached.

“Cases of habeas corpus” are by statute made appealable to this court under the provisions of Burns’ 1946 Repl., §4-214, subdiv. 5. The same section provides in subdivision 14 thereof that interlocutory orders upon writs of habeas corpus are appealable to this court. Interlocutory orders and judgments upon writs of habeas corpus are also made appealable to this court under provisions of Burns’ 1946 Repl., §2-3218.

I can see nothing of an interlocutory nature about the judgment here appealed from. It completely ad*265judicates and puts…