In Re Vann, in Re
Decision Date | 14 January 1939 |
Citation | 186 So. 424,136 Fla. 113 |
Parties | In re VANN. |
Court | Florida Supreme Court |
Rehearing Denied Feb. 3, 1939.
Original application by Mary Vann for a writ of habeas corpus to obtain her liberty from L. F. Chapman, Superintendent of the State Prison Farm, who was detaining the applicant upon a commitment issued upon applicant's conviction as an accessory before the fact to an alleged attempt to murder Livvie W. Vann.
Petition denied.
COUNSEL A. Morley Darby and J. Montrose Edrehi, both of Pensacola, for petitioner.
Geo Couper Gibbs, Atty. Gen., and Tyrus A. Norwood, Asst. Atty Gen., for respondent.
It having been made to appear by petition for writ of habeas corpus that the petitioner, Mary Vann, is being unlawfully restrained of her liberty by L. F. Chapman, Superintendent of the State Prison Farm, and the detention, it is alleged, is based upon a commitment issuing out of the Circuit Court of Santa Rosa County, Florida, wherein the petitioner had been convicted of the crime of the substantive felony of being an accessory before the fact to attempt to commit murder in the first degree, and of which she was adjudged guilty by the trial court and sentenced to the State Prison for a period of ten years. The information on which she was convicted is viz.:
It is contended that Allen Langston and Allen Findley had each entered pleas of guilty to Counts 2 and 4 of the indictment, which are, viz.:
The information upon which petitioner was convicted was drafted under Section 7111, C.G.L. Likewise Earl Travis, Allen Langston and Allen Findley were informed against as principals under the same Count, supra, with the petitioner. The count charges the four as principals.
In the case of Lake v. State, 100 Fla. 373, text pages 382, 383, 129 So. 827, text page 831, 131 So. 147, this Court, in considering the same question here presented, in part, said:
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