MONTGOMERY v. MAYO


61 So.2d 756 (1952)

MONTGOMERY v. MAYO, Custodian of State Prison.

Supreme Court of Florida, Special Division B.

December 12, 1952.


Attorney(s) appearing for the Case

Woodrow Montgomery, in pro. per.

Richard W. Ervin, Atty. Gen., and William A. O'Bryan, Asst. Atty. Gen., for respondent.


MATHEWS, Justice.

We issued writ of habeas corpus in this case on October 7, 1952. A return has now been made.

It appears from the return that the petitioner is being held in custody by virtue of a commitment issued by the Criminal Court of Record of Duval County on the 5th day of December, 1945, whereby he was committed for the balance of his natural life upon a conviction of a fourth felony.

Prior to the conviction for a fourth felony the petitioner...

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