Opinion · Supreme Court of Florida
Starr v. Smith
Starr v. Smith, 77 So. 2d 834 (Fla. 1955)
- Type
- Opinion
- Court
- Supreme Court of Florida
- Jurisdiction
- Florida
- Date
- 1955-02-04
- Topic
- general
How later courts describe this case
- quashing writ of habeas corpus because defendant was not in custody when relief was granted
Citator
UpLaw has not yet analyzed Starr v. Smith. The absence of a flag is not a finding that it is good law.
- Cited by
- 7 opinions
PER CURIAM.
It appearing that the appellee was not actually in custody at the time the writ of habeas corpus was awarded, and that the appellee was discharged the day the writ issued and one week before the sheriffs return was filed, the order of discharge is reversed with directions to quash the writ. Sullivan v. State ex rel. McCrory, Fla., 49 So.2d 794.
Reversed.
MATHEWS, C. J., and TERRELL, THOMAS and HOBSON, JJ., concur.