The right of an indigent accused to be furnished a copy of the transcript of the evidence and the records relating to his arrest and conviction at the expense of the state is dependent upon his having either a present appeal as of right from his conviction or an actual appeal pending pursuant to the allowance of a motion for leave to appeal. State, ex rel. Partee, v. McMahon, Judge,
The time for relator to appeal as a matter of right has long passed, and, inasmuch as he has no actual appeal pending, he is not entitled to a transcript at public expense.
There being no clear legal duty to furnish the records demanded by relator, the writ of mandamus is denied.
Writ denied.