DANIELS v. O'CONNOR

No. 39481.

243 So.2d 144 (1971)

Jesse DANIELS, Petitioner, v. J.B. O'CONNOR, M.D., Superintendent, Florida State Hospital, Respondent.

Supreme Court of Florida.

January 6, 1971.


Attorney(s) appearing for the Case

Richard S. Graham, Burke D. Chester and John E. Hankal, Daytona Beach, for petitioner.

Robert L. Shevin, Atty. Gen., W. Robert Olive, Jr. and Raymond L. Marky, Asst. Attys. Gen., for respondent.


ROBERTS, Chief Justice.

This cause is before the court on petition for the writ of habeas corpus filed by petitioner to obtain his release from the Florida State Hospital, a mental institution. The writ issued as prayed, and we now consider the cause on the issues made by the writ, the respondent's return thereto, and the petitioner's reply to the respondent's return.

The petitioner was indicted for the offense of rape in January of 1958 and, in due course...

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