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BARKER v. STATE

No. 30,083.

242 Ind. 5 (1961)

175 N.E.2d 353

BARKER v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed June 13, 1961.

Attorney(s) appearing for the Case

William C. Erbecker, of Indianapolis, for appellant.

Edwin K. Steers, Attorney General and Richard M. Givan, Deputy Attorney General, for appellee.

ACHOR, J.

This is an original action in which petitioner asks permission to file a belated appeal.

This court has heretofore held that in order to sustain a motion for a belated appeal, the following essential elements must be made to appear: One. There must be cause shown to excuse the delay in perfecting a timely appeal and, two, that he has a prima facie meritorious cause for appeal. State ex rel. Casey v. Murray (1952),

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