Opinion
No. 27,671.
Filed February 11, 1942.
CRIMINAL LAW — Judgment — Setting Aside — Motion Made After Term When Judgment Entered. — The Lake Criminal Court has no jurisdiction to entertain a motion to annul, vacate and set aside a judgment of conviction and order of sentence after the term at which the judgment was entered.
Original action by the State of Indiana, on the relation of Philson Thomas, against William J. Murray, as judge of the Lake County Criminal Court, seeking a writ mandating respondent to permit the filing of a motion to set aside a judgment. Petitioned denied.
Philson Thomas, of Michigan City, pro se.
This is an original action seeking a writ mandating the respondent to permit the filing of a motion to "annul, vacate, and set aside the judgment of conviction and order of sentence, rendered against him in said court on the 23rd. day of March, 1936." The motion was mailed to the clerk of the respondent court on the 24th day of September, 1941.
The respondent court had no jurisdiction to entertain such a motion after the term at which the judgment was entered.
Petition denied.
NOTE. — Reported in 39 N.E.2d 450.