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STATE EX REL. KELLEY v. MARION CTY. CR. CT., DIV. 3

No. 478S73.

378 N.E.2d 833 (1978)

THE STATE OF INDIANA ON THE RELATION OF JAMES F. KELLEY, Marion County Prosecuting Attorney, Nineteenth Judicial District, Relator, v. MARION COUNTY CRIMINAL COURT, Division Three, and Andrew Jacobs, Sr., Presiding Judge, Marion County Criminal Court, Division Three, Respondent.

Supreme Court of Indiana.

July 25, 1978.

Attorney(s) appearing for the Case

James F. Kelley, Marion County Pros. Atty., Michael S. Miller, Deputy Pros. Atty., Indianapolis, for relator.

Andrew Jacobs, Sr., Judge Marion County Criminal Court, Division Three, Indianapolis, John R. Cromer, Indianapolis, for respondent.

GIVAN, Chief Justice.

On April 26, 1978, this Court conducted a hearing on the petition for an alternative writ of mandate and prohibition. Following the hearing a temporary writ was issued. We now make that writ permanent.

On December 29, 1976, one, Billie Quillin, was charged with armed robbery in the respondent's court under cause number CR 76-379 C. The first trial resulted in a hung jury. The defendant was tried again on

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