Judges: PER CURIAM. —
Attorneys: Hampton Jordan, for Plaintiff in Error;
Fleming Snow, for Defendant in Error.
Filed: Nov. 16, 1933
Latest Update: Mar. 02, 2020
Summary: This case is before us on writ of error to a judgment in habeas corpus proceedings remanding the petitioner to the custody of the Chief of Police of the City of Cocoa, Florida. Duffin, the petitioner, was held under a conviction under an affidavit in the following language: "Before me, T. G. Ronald, Mayor in and for the City of Cocoa, Florida, personally came W. A. Tucker, who being *Page 622 duly sworn, says that on the 14th day of February, A.D. 1933, in the City aforesaid, one C. R. Duffin di
Summary: This case is before us on writ of error to a judgment in habeas corpus proceedings remanding the petitioner to the custody of the Chief of Police of the City of Cocoa, Florida. Duffin, the petitioner, was held under a conviction under an affidavit in the following language: "Before me, T. G. Ronald, Mayor in and for the City of Cocoa, Florida, personally came W. A. Tucker, who being *Page 622 duly sworn, says that on the 14th day of February, A.D. 1933, in the City aforesaid, one C. R. Duffin did..
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I concur in the judgment of reversal for the reasons stated by Mr. Justice ELLIS in his special concurring opinion upon the original decision in this case on November 26, 1933, based upon the city's lack of charter power to impose a license tax of this nature.