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PURDY v. EVANS

No. 38860.

231 So.2d 836 (1970)

E. Wilson PURDY, As Sheriff of Dade County, Florida, Appellant, v. James EVANS, Appellee.

Supreme Court of Florida.

February 11, 1970.

Attorney(s) appearing for the Case

Gordon G. Oldham, Jr., Assigned State's Atty., and Roy S. Wood, Asst. State's Atty., for appellant.

Steven Falk of Law Officers of O'Malley & Ciravolo, Miami, for appellee.

DREW, Justice.

The trial court, in a habeas corpus proceeding, held paragraphs 30.15(a) and 30.15 (b),1 Code of Metropolitan Dade County, void because of its failure to incorporate the provisions for a jury trial contained in Section 322.262(4), Florida Statutes, F.S.A. The direct appeal here by the Sheriff of Dade County is accepted under authority of Boyd v. County of Dade, 123 So.2d 323 (Fla. 1960...

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