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STATE EX REL. LATHAM v. SPENCER CIRCUIT CT.

No. 30,358.

244 Ind. 552 (1963)

194 N.E.2d 606

STATE EX REL. LATHAM v. SPENCER CIRCUIT COURT, STUTEVILLE, JUDGE.

Supreme Court of Indiana.

Filed December 16, 1963.

Attorney(s) appearing for the Case

Ralph M. Koehne, of Evansville, for relator.

O.H. Roberts, Jr., of Evansville, for respondents.

LANDIS, C.J.

This is an original action for writ of mandate to compel respondent court to relieve one O.H. Roberts, Jr., of his duties as prosecuting attorney in a certain statutory proceeding brought under Burns' § 10-2323 (1956 Repl.),1 and to appoint one Ralph M. Koehne as special prosecuting attorney therein, he to serve without compensation from public funds. We issued the alternative writ.

The cause pending in respondent...

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