Opinion
No. 22125.
March 12, 1935.
(Syllabus.)
Habeas Corpus — Petitioner Released Upon Showing Lack of Jurisdiction of Court Granting Order of Commitment.
Where it appears on the face of the application that the court below was without jurisdiction to grant the order committing the petitioner, a writ of habeas corpus will be granted ordering his permanent release.
Original application for writ of habeas corpus by R.M. Brewer. Writ granted.
W.L. Ratliff, for petitioner.
This application was filed under date of February 28, 1931. It appears upon the face of the application that the petitioner is illegally restrained by the sheriff of Seminole county. There is no response or brief offered in contest to the application.
The writ is granted and the sheriff of Seminole county is hereby directed to release the petitioner if still in custody.