MILLER v. STATE

No. 29,526.

236 Ind. 704 (1957)

142 N.E.2d 432

MILLER v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed May 27, 1957.


Attorney(s) appearing for the Case

Willie Miller, pro se.

Edwin K. Steers, Attorney General, and Robert M. O'Mahoney, Deputy Attorney General, for respondents.


PER CURIAM.

The rule is now well established that a petition for a belated appeal must not only show cause for the delay but "... there must be a ... prima facie showing made of merit to the appeal." Ewbank's Indiana Criminal Law, § 541, p. 351, and cases cited.

Petitioner states as a conclusion "that there is a prima facie showing made of merits," but fails completely to state any facts by which the merit of such appeal might be ascertained.

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