KELLY v. STATE EX REL. LEONARD


92 So.2d 172 (1956)

Thomas J. KELLY, as Sheriff of Dade County, Appellant, v. The STATE of Florida ex rel. Frank K. LEONARD and R.R. Russell, Appellees. Thomas J. KELLY, as Sheriff of Dade County, Appellant, v. The STATE of Florida ex rel. Earle M. RADAR, Appellee. Thomas J. KELLY, as Sheriff of Dade County, Appellant, v. The STATE of Florida ex rel. R.R. RUSSELL, Appellee. Thomas J. KELLY, as Sheriff of Dade County, Appellant, v. The STATE of Florida ex rel. A.B. CURRY, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied February 5, 1957.


Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Moie J.L. Tendrich, Asst. Atty. Gen., John D. Marsh, County Sol. and A.C. Dressler, Asst. County Sol., Miami, for appellant.

R.K. Bell, Miami, for Frank K. Leonard and R.R. Russell.

Evans, Mershon, Sawyer, Johnston & Simmons, Miami, for Earle M. Rader.

E.F.P. Brigham, Miami, for A.B. Curry.


O'CONNELL, Justice.

These are companion cases. Each was a petition for habeas corpus, the pleadings are identical except for the names of the petitioners, they were filed in the Circuit Court, Dade County, at the same time, one return to the Writs of Habeas Corpus was made applicable to each and the cases were heard together. One order was issued by the circuit court discharging each of the petitioners from custody of the Sheriff, the appellant here, a copy of said...

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