Harrison v. Stone
| Decision Date | 08 January 1934 |
| Citation | 152 So. 19,113 Fla. 471 |
| Parties | HARRISON v. STONE, Sheriff. |
| Court | Florida Supreme Court |
En Banc.
Original proceeding by E. J. Harrison for a writ of habeas corpus to S.E. Stone, as Sheriff of Volusia County.
Petitioner ordered released from respondent's custody on entering into a good and sufficient bail bond in stated sum.
COUNSEL M. S. McGregor, of De Land, for petitioner.
Murray Sams, of De Land, for respondent.
This cause coming on to be heard upon the return to the writ of habeas corpus herein, and the stipulation of the state's attorney and the petitioner as to the facts of the case, and it appearing from the petition for habeas corpus, return, and stipulated facts that petitioner, E. J. Harrison, is held to the next grand jury on a charge of homicide that has been twice presented to any acted upon by a grand jury of Volusia county with the result of 'no true bill' found, and it further appearing that the evidence upon which petitioner is held is inconclusive of showing of probable guilt of petitioner of any degree of culpable homicide, and it having been represented that petitioner is a laboring man having a family dependent upon him for support, and is unable to give a greater bond than the sum of $1,000 for his appearance to await the action of the next grand jury on the charge on which he is held, it is thereupon ordered that petitioner, E. J. Harrison, be released from custody of the sheriff upon his entering into a good and sufficient appearance bond in the sum of $1,000 to be approved by the clerk of the circuit court conditioned for his appearance at the next term of the circuit court to await the action of the grand jury of Volusia county and for his attendance at said term of court from day to day until discharged according to law.
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Matera v. Buchanan
...an amount as to preclude the probability of the accused's being able to furnish it. See Mendenhall v. Sweat, supra; Harrison v. Stone, 1934, 113 Fla. 471, 152 So. 19. In a habeas corpus proceeding the petitioner assumes the burden of a moving party. The applicant for a writ of habeas corpus......
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Mendenhall v. Sweat
... ... entitled to bail, was then bound by the Constitution to fix ... bail, in a not excessive amount. See Harrison v. Stone, ... Sheriff, opinion filed January 8, 1934, reported, 113 Fla ... 471, 152 So. 19 ... The ... record in this case shows that ... ...
- Mccall v. State