STATE EX REL. SITAMORE v. KELLY


94 So.2d 726 (1957)

STATE of Florida ex rel. Harry SITAMORE, Appellant, v. Thomas J. KELLY, Sheriff of Dade County, Florida, Appellee.

Supreme Court of Florida, Special Division A.

April 24, 1957.


Attorney(s) appearing for the Case

Vivion B. Rutherford and Norman Crouch, Miami, for appellant.

Richard W. Ervin, Atty. Gen., and Moie J.L. Tendrich, Asst. Atty. Gen., for appellee.


ROBERTS, Justice.

This is an appeal in a habeas corpus proceeding filed in the lower court by the appellant attacking the lawfulness of his detention under a one-year sentence imposed by the Criminal Court of Record of Dade County on March 10, 1954. The lower court held that he had served only 156 days of such sentence and declined to enter an order directing his release from custody.

The only history of appellant's imprisonment necessary to be related here...

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