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DUCKSWORTH v. BOYER

125 So.2d 844 (1960)

Kenneth DUCKSWORTH, Petitioner, v. Ross E. BOYER, as Sheriff of Sarasota County, Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 6, 1960.

Attorney(s) appearing for the Case

Clarence J. Stokes, Sr., Sarasota, for petitioner.

Richard W. Ervin, Atty. Gen., George R. Georgieff, Asst. Atty. Gen., and Dart, Bell & Savary, Sarasota, for respondent.

ROBERTS, Justice.

This cause is before the court on the respondent's return to a writ of habeas corpus heretofore issued upon the showing made by petitioner in asking for the writ. Respondent's return stated that the petitioner's allegation that he was being unlawfully detained was then untrue inasmuch as bail was obtained while the matter was pending here. Questions of law are posed however that this court should and can settle. See Carnley v. Cochran, Fla.,

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