Williams v. Mayo

Supreme Court of Florida

Williams v. Mayo

33 So. 2d 861, 160 Fla. 169, 1948 Fla. LEXIS 634

CourtSupreme Court of Florida

DecidedFebruary 17, 1948

StatusPublished

Cited by1 cases

This text of 33 So. 2d 861 (Williams v. Mayo) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Williams v. Mayo, 33 So. 2d 861, 160 Fla. 169, 1948 Fla. LEXIS 634 (Fla. 1948).

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Opinion

BUFORD, J.:

This cause is before us on writ of habeas corpus and return thereto.

The. record shows that the same factual conditions exist in this case as existed in the case of Scott v. Mayo, 159 Fla. 816, 32 So. (2nd) 821.

Therefore, on authority of the opinion and judgment in that case we do not discharge the petitioner but, under the provisions of Sec. 924.34, Fla. Statutes 1941 (same F.S.A.) remand him to the custody of respondent with directions that petitioner be presented to the Criminal Court of Record of Duval County, Florida, for judgment and sentence as is provided in Sec. 775.09, supra, which said offense is included within the offense charged in the information under which petitioner was convicted.

Remanded with directions.-

So ordered.

THOMAS, C. J., ADAMS and BARNS, JJ., concur.

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