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FERENC v. THURSBY

No. K-59.

212 So.2d 887 (1968)

John Michael FERENC, Appellant, v. Rodney B. THURSBY, As Sheriff of Volusia County, Florida, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied August 26, 1968.

Attorney(s) appearing for the Case

John Michael Ferenc, in pro. per.

Earl Faircloth, Atty. Gen., David U. Tumin, Asst. Atty. Gen., for appellee.

ON MOTION TO QUASH APPEAL

PER CURIAM.

The State has filed a motion to quash this appeal taken from an order denying appellant's petition for a writ of habeas corpus filed in the Circuit Court in and for Volusia County.

The ground for the State's motion to quash the appeal is that same is frivolous in that the law is clear that habeas corpus proceedings will not lie to test the sufficiency of a prisoner's arrest prior to trial on the offense charged...

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