State, Ex Rel. v. Karel, (1937)
Court: Supreme Court of Florida
Number:
Visitors: 8
Judges: BROWN, J.
Attorneys: Maguire Voorhis, for Petitioner;
Theo. T. Turnbull and Wm. P. Simmons, Jr., for Respondent.
Filed: Oct. 28, 1937
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 307 In this Habeas Corpus proceeding Mr. Chief Justice ELLIS, Mr. Justice TERRELL and Mr. Justice CHAPMAN are of the opinion that the affidavit and warrant under which Petitioner is held failed to allege a criminal offense and that therefore the Petitioner should be discharged from custody, while Mr. Justice WHITFIELD, Mr. Justice BROWN and Mr. Justice BUFORD
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 307 In this Habeas Corpus proceeding Mr. Chief Justice ELLIS, Mr. Justice TERRELL and Mr. Justice CHAPMAN are of the opinion that the affidavit and warrant under which Petitioner is held failed to allege a criminal offense and that therefore the Petitioner should be discharged from custody, while Mr. Justice WHITFIELD, Mr. Justice BROWN and Mr. Justice BUFORD ..
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I think the petitioner should be remanded on authority of the law as enunciated in the opinion and judgment in the case of Merchants Mutual Association, Inc., v. Matthews, 110 Fla. 325,149 So. 27.
WHITFIELD and BROWN, J.J., concur.
ON REHEARING
Source: CourtListener
