ADAMS, Chief Justice.
This case here on appeal by the State from an order of discharge in habeas corpus.
Appellee was informed against for violation of Sec. 806.06, Fla. Stat. 1941, F.S.A., in the Criminal Court of Record of Dade County. Thereupon he applied to the Circuit Court of Dade County for a writ of habeas corpus based upon the defense of former jeopardy. Upon hearing he was discharged and pursuant to an order duly entered was taken here.
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