Willoughby v. State

This is an original action brought by petitioner to compel the Delaware Circuit Court to supply appellant with a complete certified transcript of the trial proceedings so that he may perfect an appeal. Petitioner also asks that the Public Defender be not permitted to intervene in the case without his expressed consent.

A similar situation arose in State ex rel. Casey v. Murray (1952), 231 Ind. 74, 76, 106 N. E. 2d 911, in which the court denied the appellant’s writ by stating:

. . that since the state had created the office of Public Defender to represent pauper prisoners after the regular time for appeal had expired, prisoner is not entitled to a transcript of the record or the services of other counsel at public expense, but his record at public expense must be obtained through the Public Defender as prescribed by statute. Sections 13-1402 and 13-1405, Burns’ 1942 Repl. (1951 Supp.)”

Petition denied.