PERRY v. MAYO


72 So.2d 382 (1954)

PERRY v. MAYO, Prison Custodian.

Supreme Court of Florida. Special Division B.

May 4, 1954.


Attorney(s) appearing for the Case

Irvin Perry, in pro. per.

Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent.


THOMAS, Justice.

The court granted a writ of habeas corpus upon the petition of Irvin Perry who challenged the validity of a sentence committing him to the state prison for life because he was an habitual offender as defined in Sec. 775.10, Florida Statutes 1941, and F.S.A.

It appears from the record that in an information the petitioner was charged with having been convicted 28 June 1935 of the crimes of grand larceny and of breaking and entering with intent...

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