STATE EX REL. JOHNSON v. KOHLMEYER

No. 873S163.

303 N.E.2d 661 (1973)

STATE of Indiana On the Relation of Robert L. Johnson, Relator, v. The Honorable Harold H. KOHLMEYER, Jr., and Marion Criminal Court Division Three, Respondents.

Supreme Court of Indiana.

November 21, 1973.


Attorney(s) appearing for the Case

Ferdinand Samper, Sr., Samper & Samper, Indianapolis, for relator.

David L. Millen, Marion County Deputy Prosecutor, Indianapolis, for respondents.


ON PETITION FOR REHEARING

GIVAN, Justice.

Relator has filed a petition for rehearing in this cause in which he urges that this Court, 301 N.E.2d 518, is in error in holding that relator's incarceration in Johnson County was unrelated to the indictment filed in Marion County. In an attempt to support his position, the relator has set forth two hypotheticals in his petition for rehearing.

In his first hypothetical...

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