MILLER v. STATE

APPEAL — Belated Appeal — Cause Shown — Prima Facie Showing of Merit. — A petition for a belated appeal must show cause for the delay and make a prima facie showing of merit to the appeal.

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.