Summary
quashing writ of habeas corpus because defendant was not in custody when relief was granted
Summary of this case from Hernandez v. StateOpinion
February 4, 1955. Rehearing Denied March 1, 1955.
Appeal from the Circuit Court for Orange County, Frank A. Smith, J.
Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for appellant.
Sam E. Murrell, Sam E. Murrell, Jr., and Robert G. Murrell, Orlando, for appellee.
It appearing that the appellee was not actually in custody at the time the writ of habeas corpus was awarded, and that the appellee was discharged the day the writ issued and one week before the sheriff's return was filed, the order of discharge is reversed with directions to quash the writ. Sullivan v. State ex rel. McCrory, Fla., 49 So.2d 794.
Reversed.
MATHEWS, C.J., and TERRELL, THOMAS and HOBSON, JJ., concur.