48 N.E.2d 55 | Ind. | 1943
This is an original action for a writ prohibiting the Hon. Nat. H. Youngblood, regular Judge of the Vanderburgh Circuit Court, from exercising jurisdiction to hear three separate petitions for writs of error coram nobis filed in three separate cases in which the petitioners were convicted of felonies in the Vanderburgh Circuit Court prior to the beginning of the term of the present regular judge. The criminal cases in which the judgments of conviction sought to be vacated are entered were tried before the Hon. John W. Spencer, Jr., then the regular judge, and the Hon. Oscar Lanphar, and the Hon. Phil C. Gould, special judges. Upon the filing of the petition, a temporary writ of prohibition issued.
It is conceded that the judges who tried the cases in *410 which the judgments of conviction were rendered are available.
It must be considered as settled by State ex rel. Witte v.Smith, Judge (1942),
Some confusion seems to have arisen out of certain language inState ex rel. Cutsinger v. Spencer, Judge (1941),
The respondent judge is prohibited from assuming jurisdiction to act upon the petitions for writs of error coram nobis unless and until it is made to appear that the judge who presided 3. when the judgment was entered is unavailable.
NOTE. — Reported in