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STATE EX REL. MATTHEWS v. CULVER

114 So.2d 796 (1959)

STATE of Florida ex rel. John G. MATTHEWS, Petitioner, v. Richard O. CULVER, Custodian of Florida State Prison, Respondent.

Supreme Court of Florida.

October 7, 1959.

Attorney(s) appearing for the Case

Albert J. Datz, Jacksonville, for petitioner.

Richard W. Ervin, Atty. Gen., and Odis M. Henderson, Asst. Atty. Gen., for respondent.

PER CURIAM.

Petitioner, John G. Matthews, is confined to the Florida State Prison at Raiford for violation of § 847.01, F.S. 1955, F.S.A. After his conviction and after his appeal thereon to this Court, wherein the conviction was sustained, this Court in the case of State v. Tracey, Fla. 1958, 102 So.2d 386, held the subject statute to be unconstitutional under the decision of the United States Supreme Court in Butler v. Michigan...

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