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HITSON v. MAYO

82 So.2d 591 (1955)

Irvin HITSON, Petitioner, v. Nathan MAYO, as Prison Custodian of the State of Florida, Respondent.

Supreme Court of Florida. Special Division A.

September 28, 1955.

Attorney(s) appearing for the Case

Irvin Hitson, in pro. per.

Richard W. Ervin, Atty. Gen., and Jos. P. Manners, Asst. Atty. Gen., for respondent.

DREW, Chief Justice.

Petitioner, Irvin Hitson, applied for writ of habeas corpus on grounds that the judgment and five year sentence imposed upon him was void because imposed under Section 843.11, F.S. 1951, F.S.A., whereas the information was drawn under Section 843.12, F.S. 1951, F.S.A. We issued the writ.

Respondent has filed a return alleging that the present detention of petitioner is under a judgment and five year sentence of the Criminal Court of Record...

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