Clemens v. Mayo
Decision Date | 16 September 1947 |
Citation | 159 Fla. 473,31 So.2d 869 |
Parties | John L. CLEMENS, Petitioner, v. Nathan MAYO, Florida Prison Custodian, Respondent. |
Court | Florida Supreme Court |
A case of original jurisdiction--habeas corpus.
John L. Clemens, in pro. per. for petitioner.
JJ. Tom Watson, att. Gen., and Reeves Bowen, Ass. Att. Gen., for Respondent.
On writ of habeas corpus heretofore issued and return thereto made by Nathan Mayo as Prison Custodian showing that petitioner is held by respondent under and by virtue of good and valid judgments and commitments other than that of which he complains, the return is considered sufficient and the said writ is quashed and petitioner is remanded on authority of our opinion and judgment in re Ex parte George F. Puckett, 31 So.2d 868.
So ordered.
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Washington v. Mayo
... ... life in State Prison ... So it definitely ... appears from the record that this petitioner does not come ... within the purview of the Joyner case, supra; nor does he ... fall within the purview of Ex parte Puckett, Fla., 31 So.2d ... 868, nor within the purview of Clemens v. Mayo, ... Fla., 31 So.2d 869. On the contrary, the record here ... shows that the several convictions of petitioner were had in ... such manner as to come within the purview of Section 775.09 ... and Section 775.10, Florida Statutes, 1941, same, F.S.A ... So the writ of ... habeas ... ...
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Finch v. Mayo
...sentence that was imposed. Allison v. Baker, 152 Fla. 274, 11 So.2d 578; Ex parte Puckett, 159 Fla. 468, 31 So.2d 868; Clemens v. Mayo, 159 Fla. 473, 31 So.2d 869. Accordingly, it follows that the writ should be quashed and that the petitioner should be remanded to It is so ordered. MATHEWS......
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