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KELLY v. STATE EX REL. CURRY

92 So.2d 178 (1956)

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.

E.F.P. Brigham, Miami, for appellee.

O'CONNELL, Justice.

In December of 1954 the Dade County Solicitor filed an information charging A.B. Curry with unlawfully taking, stealing, and carrying away property of a value of more than $50 belonging to the Dade County Port Authority. Upon his arrest, defendant A.B. Curry filed petition for habeas corpus, alleging that he was then in custody and the offense charged against him was false, untrue, fictitious and without foundation in that the shutters he was charged...

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