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McMAHON v. MAYO

92 So.2d 806 (1957)

Thomas McMAHON, Petitioner, v. Nathan MAYO, Custodian of the Florida State Prison, Respondent.

Supreme Court of Florida, En Banc.

Rehearing Denied March 7, 1957.

Attorney(s) appearing for the Case

Charles V. Silliman, Orlando, for petitioner.

Richard W. Ervin, Atty. Gen., and Jos. P. Manners, Asst. Atty. Gen., for respondent.

DREW, Justice.

This case is before the court on an original petition for writ of habeas corpus and return by the custodian. Petitioner was convicted by a jury after a trial on an information charging him with breaking and entering with intent to commit a misdemeanor. The original sentence was pronounced by the court on October 28, 1954 in the following language:

"Now, Therefore You, Thomas McMahon, having pleaded Not Guilty and having been tried by Jury and...

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