[Download] "State Ex Rel. Vonderschmidt v. Gerdink" by 145 Supreme Court of Indiana No. 28 " Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Vonderschmidt v. Gerdink
- Author : 145 Supreme Court of Indiana No. 28
- Release Date : January 24, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
In June 1944, the relator was charged with and arrested for the commission of a criminal act in Vigo County, Indiana. On the same day he entered a plea of guilty and judgment was entered that he be committed to the Indiana State Prison. From what is before us, we are able to determine neither the nature of the criminal act charged against the relator nor the extent of the sentence imposed upon him. He now petitions this court to issue a mandate against John W. Gerdink, Special Judge of the Vigo Circuit Court, commanding that the said special Judge grant compulsory process and order that this relator be taken from the prison and delivered to the sheriff of Vigo County. It is the contention of the relator that it is the duty of this court to command the Special Judge of the Vigo Circuit Court to grant him the right to appear in person and conduct a suit now pending in that court wherein the relator is attempting to set aside the judgment of conviction. We can mandate a circuit court only to compel the performance of some duty enjoined by law. § 3-2201, Burns' 1933. We can neither interfere with the discretion of a court nor order that it act and find in a given way. State ex rel. Benson v. Superior Court (1933), 205 Ind. 464, 187 N.E. 203.
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