Starr v. Smith
| Decision Date | 04 February 1955 |
| Citation | 77 So.2d 834 |
| Parties | Dave STARR, as Sheriff of Orange County, Florida, Appellant, v. Matthew SMITH, Appellee. |
| Court | Florida Supreme Court |
Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for appellant.
Sam E. Murrell, Sam E. Murrell, Jr., and Robert G. Murrell, Orlando, for appellee.
It appearing that the appellee was not actually in custody at the time the writ of habeas corpus was awarded, and that the appellee was discharged the day the writ issued and one week before the sheriff's return was filed, the order of discharge is reversed with directions to quash the writ. Sullivan v. State ex rel. McCrory, Fla., 49 So.2d 794.
Reversed.
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4 cases
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Kolski v. Watkins, 75-3013
...on the ground that, for the purposes of state habeas corpus relief, Petitioner was not in the custody of the City, citing Starr v. Smith, Fla., 1955, 77 So.2d 834. The question of the constitutionality of the statute was not reached by the State Appellate Court. Petitioner's petition for re......
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Smith v. State
...Asst. Attys. Gen., for appellee. PEARSON, Associate Justice. This is the second appearance of this case before this Court. See, Starr v. Smith, Fla., 77 So.2d 834. In the earlier case the Appeal was by the State from a Writ of Habeas Corpus wherein the Circuit Court held that the informatio......
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Lambertson v. State
...not in custody and is avoiding arrest. A petitioner who is not in custody is not entitled to a writ of habeas corpus. Starr v. Smith, 77 So.2d 834 (Fla.1955). Relying on Sellers v. Bridges, 153 Fla. 586, 15 So.2d 293 (1943) and Ex Parte Bosso, 41 So.2d 322 (Fla.1949), petitioner argues that......
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Sandstrom v. Kolski, 74--493
...and, therefore, the trial court lacked jurisdiction to entertain the subject petition for writ of habeas corpus. See Starr v. Smith, Fla.1955, 77 So.2d 834. Accordingly, the order sustaining the petition for writ of habeas corpus hereby is quashed. Is is so ordered. NATHAN, Judge (specially......