Clemens v. Mayo

Decision Date16 September 1947
Citation159 Fla. 473,31 So.2d 869
PartiesJohn L. CLEMENS, Petitioner, v. Nathan MAYO, Florida Prison Custodian, Respondent.
CourtFlorida 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.

PER CURIAM.

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.

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

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3 cases
  • Washington v. Mayo
    • United States
    • Florida Supreme Court
    • September 19, 1947
    ... ... 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 ... ...
  • Finch v. Mayo
    • United States
    • Florida Supreme Court
    • April 27, 1955
    ...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......
  • Walker v. Walker
    • United States
    • Florida Supreme Court
    • September 16, 1947

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