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STATE EX REL. GANNON ETC. v. PORTER CIR. CT. ET AL.

No. 29,778.

239 Ind. 637 (1959)

159 N.E.2d 713

STATE EX REL. GANNON ETC. v. PORTER CIRCUIT COURT, BURNS, JUDGE.

Supreme Court of Indiana.

Filed July 3, 1959.

Attorney(s) appearing for the Case

Charles W. Gannon, of Gary and Patrick Brennan, Prosecuting Attorney, 60th Judicial Circuit, for relator.

Carl M. Franceschini, Robert J. Salek, both of La Porte, and William G. Conover of Valparaiso, for respondents.

ACHOR, J.

This is an action for writ of mandate. The essential facts are as follows:

One Robert Lee Johnson was charged with murder in the St. Joseph Circuit Court in 1953. He filed a motion for change of venue from that county and pursuant thereto the venue was changed to the La Porte Circuit Court. Thereafter on motion of the defendant, and over the objection of the state, the La Porte Circuit Court granted a second change of venue

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