Opinion · Inlaw Indiana

STATE EX REL. SINGER v. NIXON, JUDGE OF PIKE C. CT., 232 Ind. 704 (1953)

STATE OF Ind. EX REL. SINGER v. NIXON, JUDGE OF PIKE Cir. COURT., 114 N.E.2d 879 (Ind. 1953)

Type: Opinion
Court: Inlaw Indiana
Jurisdiction: Inlaw
Date: 1953-10-28
Topic: general

STATE EX REL. SINGER v. NIXON, JUDGE OF PIKE C. CT., 232 Ind. 704 (1953) 114 N.E.2d 879 STATE OF INDIANA EX REL. SINGER v.

Citator

UpLaw has not yet analyzed STATE EX REL. SINGER v. NIXON, JUDGE OF PIKE C. CT., 232 Ind. 704 (1953). The absence of a flag is not a finding that it is good law.

STATE EX REL. SINGER v. NIXON, JUDGE OF PIKE C. CT.,232 Ind. 704(1953)

114 N.E.2d 879

STATE OF INDIANA EX REL. SINGERv.NIXON, JUDGE OF PIKE CIRCUIT COURT.

No. 0-351.

Supreme Court of Indiana.

Filed October 28, 1953.

Original action for alternative writ of mandate by Hugo Singer to compel respondent to rule on motion to vacate sentence.Petition denied.

FLANAGAN, J.

Petitioner was convicted of failure to support his minor children on September 9, 1947, in the Pike Circuit Court. He received a sentence of one to seven years which he is now serving.

He has since filed in the Pike Circuit Court his motion to vacate the sentence, upon which motion that court has not acted. He asks here an alternative writ of mandate to compel the Pike Circuit Court to rule on his motion.

His motion is based solely upon his contention that the court was without jurisdiction to enter sentence until the court ordered him to pay support and he failed to comply with such order. There is no such provision in the applicable statute. Section 10-1402, Burns' 1942 Replacement. The statute merely provides that the trial courtmayfollow that procedure.

Petition denied.

Gilkison, J., not participating.

NOTE. — Reported in114 N.E.2d 879.