1. COURTS — Supreme Court — Jurisdiction — Appellate in Nature — Statutes Granted Limited Original Jurisdiction. — Under the Indiana Constitution the jurisdiction of the Supreme Court is appellate in nature, excepting those instances where original jurisdiction is conferred by statute to entertain petitions for writs of mandamus and prohibition to control the actions of inferior courts. Indiana Constitution, Art. 7, § 4; Burns' 1946 Replacement, § 3-2201. p. 546.
2. HABEAS CORPUS — Jurisdiction of Supreme Court — No Original Jurisdiction of Petitions for Writs of Habeas Corpus — Dismissal. — Supreme Court does not have original jurisdiction of petitions for writs of habeas corpus, and such petitions must be dismissed. Indiana Constitution, Art. 7, § 4; Burns' 1946 Replacement, § 3-2201. p. 547.
O'MALLEY, J.
The petitioner in this matter has requested that we entertain a petition for a writ of habeas corpus. It is his contention that the judgment of conviction, under which he is restrained of his liberty, is void and that this court should take jurisdiction of the matter.
The jurisdiction of this court under the constitution is appellate in nature, excepting in those instances where 1. original jurisdiction is conferred by statute. Article 7, Section 4 of the Constitution of the State of Indiana.
The legislature of the state has conferred limited original jurisdiction on this court by § 3-2201, Burns' 1946 Replacement. Under the above statute, mandate may issue out of this court to compel the performance of any duty imposed by law on the various courts of this state, and this court may entertain original actions to prohibit an inferior court from going beyond its jurisdiction. The original jurisdiction granted to this court under the above statute is limited to the two classes of actions above mentioned and to matters in aid of its appellate jurisdiction. Since this court does not have original jurisdiction of petitions for writs of habeas corpus and has but limited jurisdiction for writs 2. of mandate and prohibition as above outlined, the petition in this matter must be and it is hereby dismissed.
NOTE. — Reported in 82 N.E.2d 88.