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STATE EX REL. PEARCY v. CIRCUIT COURT OF ALLEN COUNTY

No. 974A200.

317 N.E.2d 181 (1974)

STATE of Indiana, On the Relation of Noble R. Pearcy, Prosecuting Attorney of the 19TH Judicial Circuit, Relator, v. The CIRCUIT COURT OF ALLEN COUNTY, Indiana et al., Respondents.

Supreme Court of Indiana.

October 8, 1974.

Attorney(s) appearing for the Case

Noble R. Pearcy, Prosecuting Atty., John Barney Jr., Deputy Prosecuting Atty., Nineteenth Judicial Circuit, Indianapolis, for relator.

Ferd Samper, Jr., Indianapolis, for respondents.

ORIGINAL ACTION

ARTERBURN, Chief Justice.

This is an original action in which the State asks for a writ of mandate and prohibition against the Judge of the Allen County Circuit Court on the ground that he exceeded his jurisdiction by setting bail for Harry J. Adams, charged with the crime of murder in the first degree, without first conducting an evidentiary hearing thereon.

The record shows that on July 8, the Honorable Frank J. Celarek, who had...

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