STATE EX REL. GOLDSMITH v. SUPER. CT. OF HANCOCK CTY.

No. 179S9.

386 N.E.2d 942 (1979)

STATE of Indiana On the Relation of Stephen Goldsmith, Prosecuting Attorney for the Nineteenth Judicial Circuit, Relator, v. SUPERIOR COURT OF HANCOCK COUNTY, and the Honorable Richard T. Payne, As Judge of Said Court, Respondents.

Supreme Court of Indiana.

March 22, 1979.


Attorney(s) appearing for the Case

Craig E. Pinkus, Indianapolis, Theodore L. Sendak, Atty. Gen. of Ind., Donald P. Bogard, Chief Counsel-Staff, Indianapolis, for relator.

Phillip W. Brown, Brown, Brown & McQueen, Shelbyville, for respondents.


ORIGINAL ACTION

GIVAN, Chief Justice.

On January 11, 1979, oral argument was had and this Court issued a temporary writ of mandate and prohibition. Respondent filed his return and on January 19, we immediately made the writ permanent by order so that the prosecution of the defendant by Prosecutor Stephen Goldsmith could continue. This opinion states our reasons for making the writ permanent.

At the time this original action was filed, Relator James...

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