Indiana Supreme Court, 1957

Miller v. State

Miller v. State
Indiana Supreme Court · Decided May 27, 1957
236 Ind. 704; 142 N.E.2d 432; 1957 Ind. LEXIS 236
Miller v. State

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

The rule is now well established that a petition for a belated appeal must not only show cause for the delay but “. . . there must be a . . . prima facie showing made of merit to the appeal.” Ewbank’s Indiana Criminal Law, §541, p. 351, and cases cited.

Petitioner states as a conclusion “that there is a prima facie showing made of merits,” but fails completely to state any facts by which the merit of such appeal might be ascertained.

The petition is therefore dismissed.

Note. — Reported in 142 N. E. 2d 432.

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