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HITSON v. MAYO

99 So.2d 297 (1957)

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

Supreme Court of Florida.

December 18, 1957.

Attorney(s) appearing for the Case

Jane Brannon McMaster and C.C. Parker, Tampa, for petitioner.

Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for respondent.

DREW, Justice.

Irvin Hitson by original petition for writ of habeas corpus seeks release from custody, alleging that the five year sentence which he is serving exceeds the maximum sentence for the crime charged in the information upon which he was convicted.1

The first count in the information charged Charles L. Hartman with attempting on August 5, 1954 to convey certain escape tools into the Hillsborough County jail, purposing...

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