TERRELL, Justice.
October 16, 1950, petitioner as sheriff of Dade County was indicted by the grand jury for neglect of duty and incompetency in office. He was arrested and brought into court by respondent as Elisor on authority of a capias. He was released on habeas corpus to which respondent filed his return. Petitioner then filed his answer and moves that he be discharged notwithstanding the return. Attached to the answer of petitioner is a copy of the indictment...
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