State ex rel. Sturgell v. Fais

Respondent argues that the complaint herein makes no specific averment that relator was indigent at the time the motion for a transcript was made. However, the uneontroverted facts set forth in this cause do not permit a judgment for respondent on that basis.

Respondent contends further that an appeal must be pending to require a transcript at state expense. However, this court has determined that an indigent is entitled to a transcript at public expense if he is within rule at the time of such request. See State, ex rel. Catlino, v. Clerk of Courts (1967), 9 Ohio St. 2d 101; State, ex rel. Partee, v. McMahon (1963), 175 Ohio St. 243, 248.

The request being timely made herein, relator’s motion for summary judgment is sustained and the writ prayed for is allowed.

Writ allowed.