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SULLIVAN v. STATE EX REL. McCRORY

49 So.2d 794 (1951)

SULLIVAN, Sheriff, v. STATE ex rel. McCRORY.

Supreme Court of Florida, Division A.

January 5, 1951.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Murray Sams, Jr., Asst. Atty. Gen., Glenn C. Mincer, State Atty., Robert R. Taylor, County Solicitor, Miami, and V.B. Rutherford, Asst. County Solicitor, Miami Beach, for appellant.

Hunt, Salley & Roman, Miami, for appellee.

ROBERTS, J.

The appellee was arrested on March 21, 1950, on a capias issued by the Criminal Court of Record of Dade County, Florida, to answer to an Information filed in said court by the County Solicitor and, on March 23, 1950, filed his Petition for Writ of Habeas Corpus in the Circuit Court of said county to obtain his release from custody. At the time of filing his petition, the appellee, who had been released from custody on the recognizance of his attorney,...

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