STATE EX REL. MILLER v. KELLY


88 So.2d 118 (1956)

STATE of Florida ex rel. Rose MILLER, Petitioner, v. Thomas J. KELLY, Sheriff, Dade County, Florida, as Custodian of the Dade County Jail, Respondent.

Supreme Court of Florida, Special Division B.

June 6, 1956.


Attorney(s) appearing for the Case

Ray Sandstrom, Lakeland, for petitioner.

Richard W. Ervin, Atty. Gen., Reeves Bowen, Asst. Atty. Gen., John D. Marsh, Dade County Solicitor and Glenn C. Mincer, Asst. Dade County Solicitor, Miami, for respondent.


CARROLL, Associate Justice.

In the exercise of original jurisdiction this court issued a writ of habeas corpus on the petition of the state on relation of one Rose Miller, who sought thereby to obtain release from the second six months of a one year jail sentence which she was serving.

At the outset we are confronted with a defense of res adjudicata asserted in the response, consisting of a contention that this action may not be brought because a judgment...

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