Ex Parte La Ba

• Decision Date: 22 November 1926
• Citation: 110 So. 659,92 Fla. 961
• Parties: Ex parte LA BA.
• Court: Florida Supreme Court

110 So. 659

92 Fla. 961

Ex parte LA BA.

Florida Supreme Court, Division B.

November 22, 1926

Error to Circuit Court, Pinellas County; Freeman P. Lane, Judge.

Habeas corpus by Dewey D. La Ba against E. D. Vaughn, Chief of Police of the City of St. Petersburg. Judgment for defendant, and the petitioner brings error.

Affirmed.

Syllabus by the Court

SYLLABUS

Making writ of error issued May 17, 1926, returnable June 10, 1926, was proper (Rev. Gen. St. 1920, § 3580). Affirmed upon authority of the opinions in the cases of Carter v. State, 65 Fla. 347, 61 So. 591, and Gillooley v. Vaughn et al., 110 So. 653, filed at this term of the court.

COUNSEL

James F. Bickers, of St. Petersburg, for plaintiff in error.

Booth & Hobson and A. S. Bradley, all of St. Petersburg, and Mabry, Reaves & Carlton, of Tampa, for defendant in error.

OPINION

PER CURIAM.

The writ of error in this case was issued the 17th day of May, 1926, and was made returnable to the 10th day of June, 1926. This was in compliance with section 3580, Rev. Gen. Statutes of Florida, and also complied with the view expressed by this court in the case of Carter v. State, 65 Fla. 347, 61 So. 591.

In the case of Gillooley, Appellant, v. Vaughn et al., Appellees, 110 So. 653, in opinion filed at this term of the court, this court held that Ordinance 422a, the validity of which is here questioned, appeared to be valid in all respects.

The order of the circuit court remanding the petitioner to the custody of E. D. Vaughn, as chief of police of the city of St. Petersburg, is now affirmed upon the authority of the opinion in the case of Gillooley v. Vaughn, 110 So. 653, filed at this term of the court.

Affirmed.

WHITFIELD, P.J., and TERRELL and BUFORD, JJ., concur.

BROWN, C.J., and ELLIS and STRUM, JJ., concur in the opinion.