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STATE EX REL. HELM v. FRASER

No. 573S100.

298 N.E.2d 423 (1973)

THE STATE OF INDIANA ON THE RELATION OF ARDEE HELM, Jr., Prosecuting Attorney, 58TH Judicial Circuit, Relator, v. Keith FRASER, Judge, 58TH Judicial Circuit, Respondent.

Supreme Court of Indiana.

Rehearing Denied September 7, 1973.

Attorney(s) appearing for the Case

Ardee Helm, Jr., Prosecuting Atty., Portland, for relator.

Keith Fraser, Judge, Portland, for respondent.

ARTERBURN, Chief Justice.

This Petition for a Writ of Mandamus was instituted by Relator, Prosecuting Attorney of the 58th Judicial Circuit, who prayed that Respondent, Judge of the 58th Judicial Circuit, be compelled to try the case of State of Indiana v. John D. Foster, Cause No. 6383 of the Jay Circuit Court, before a jury rather than without a jury. The defendant in this criminal case wished to waive a jury trial because of alleged community prejudice against...

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