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WITTE v. DOWD, WARDEN

No. 28,718.

230 Ind. 485 (1951)

102 N.E.2d 630

WITTE v. DOWD, WARDEN

Supreme Court of Indiana.

Rehearing denied April 10, 1952.

Attorney(s) appearing for the Case

James C. Cooper, Public Defender of Indiana, and Harold Fiely, Deputy Public Defender, for appellant.

J. Emmett McManamon, Attorney General; George W. Hand and John Ready O'Connor, Deputy Attorneys General, for appellee.

EMMERT, J.

This is an appeal from a judgment entered upon an order of the trial court sustaining a motion to quash a writ of habeas corpus.

The complaint for the writ disclosed the following proceedings and judgment had in the Superior Court of LaPorte County on the 28th day of September, 1936, to-wit:

"Comes now the State of Indiana, by Clarence T. Sweeney, Deputy Prosecuting Attorney, and comes also the defendant in his own proper person, and being...

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