JOINER v. SINCLAIR


110 So.2d 12 (1959)

Jesse JOINER, Jr., Petitioner, v. DeWitt SINCLAIR, as Custodian of The Florida State Prison, Respondent.

Supreme Court of Florida.

Rehearing Denied April 1, 1959.


Attorney(s) appearing for the Case

Theron A. Yawn, Jr., Starke, for petitioner.

Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent.


ROBERTS, Justice.

This cause is before the court on the return of the respondent, as custodian of the Florida state prison, to a writ of habeas corpus previously issued by this court at the behest of the petitioner. The point of law dispositive of the question whether petitioner is unlawfully restrained of his liberty may be stated as follows:

When a prisoner is incarcerated under two or more consecutive sentences and escapes, does he forfeit the entire gain...

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