KELLY v. STATE EX REL. ROSENTHAL

No. 62-346.

149 So.2d 85 (1963)

Thomas J. KELLY, Sheriff of Dade County, Florida, Appellant, v. STATE of Florida ex rel. Frank Larry ROSENTHAL, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 14, 1963.


Attorney(s) appearing for the Case

Richard E. Gerstein, State Atty., and Roy S. Wood, Asst. State Atty., Richard W. Ervin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellant.

Ben Cohen, Miami Beach, Eugene Spellman, Miami, for appellee.

Before HORTON, BARKDULL and HENDRY, JJ.


BARKDULL, Judge.

By this appeal, the appellant seeks review of an order discharging the appellee, petitioner in a habeas corpus proceedings.

The record discloses that the appellee-petitioner was taken into custody upon a rendition warrant issued by the Governor of the State of Florida. The trial judge found "as a matter of law that the said executive rendition warrant is insufficient under the laws of the United States and the Constitution of the United States...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases