State ex rel. Smith v. Cochrane

District Court of Appeal of Florida

State ex rel. Smith v. Cochrane

112 So. 2d 605, 1959 Fla. App. LEXIS 2956

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1959

DocketNo. 1317

StatusPublished

Cited by1 cases

This text of 112 So. 2d 605 (State ex rel. Smith v. Cochrane) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Smith v. Cochrane, 112 So. 2d 605, 1959 Fla. App. LEXIS 2956 (Fla. Ct. App. 1959).

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Opinion

PER CURIAM.

This cause having been considered on the petition for writ of habeas corpus,, the record of the conviction of the petitioner in the Circuit Court, and the return, of the respondent to the writ of habeas, corpus issued on June 2, 1959, and the Court finding that the petitioner is presently in custody of the respondent serving a sentence of four years imposed by the Circuit Court for Pinellas County consequent upon his conviction on an information charging a violation of the provisions of Section 562.451(4), Florida Statutes, F.S.A., which statute has been held invalid by the Supreme Court in the case of State v. Altman, Fla., 106 So.2d 401, and the judgment of conviction and sentence imposed upon the petitioner are void, therefore it is

Ordered and adjudged that the judgment and sentence entered in this cause in the Circuit Court for Pinellas County on January 30, 1957, and recorded among the records of that Court in Minute Book 50, page 332, is hereby vacated and set aside, and the respondent is ordered to forthwith discharge the petitioner from custody.

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PER CURIAM.

This cause having been considered on the petition for writ of habeas corpus,, the record of the conviction of the petitioner in the Circuit Court, and the return, of the respondent to the writ of habeas, corpus issued on June 2, 1959, and the Court finding that the petitioner is presently in custody of the respondent serving a sentence of four years imposed by the Circuit Court for Pinellas County consequent upon his conviction on an information charging a violation of the provisions of Section 562.451(4), Florida Statutes, F.S.A., which statute has been held invalid by the Supreme Court in the case of State v. Altman, Fla., 106 So.2d 401, and the judgment of conviction and sentence imposed upon the petitioner are void, therefore it is

Ordered and adjudged that the judgment and sentence entered in this cause in the Circuit Court for Pinellas County on January 30, 1957, and recorded among the records of that Court in Minute Book 50, page 332, is hereby vacated and set aside, and the respondent is ordered to forthwith discharge the petitioner from custody.

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Bluebook (online)

112 So. 2d 605, 1959 Fla. App. LEXIS 2956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-smith-v-cochrane-fladistctapp-1959.

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