State Ex Rel. Hamilton v. Mayo
| Citation | 123 Fla. 491,167 So. 34 |
| Court | Florida Supreme Court |
| Decision Date | 30 March 1936 |
| Parties | STATE ex rel. HAMILTON v. MAYO, Prison Custodian, et al. |
En Banc.
Application for writ of habeas corpus by the State of Florida, on the relation of Curtis Hamilton, against Nathan Mayo, as State Prison Custodian, and another.
Application denied.
COUNSEL Lester Summersill, of Mayo, for petitioner.
This is an application for habeas corpus addressed to this court by a prisoner incarcerated in the State Prison. Attached to the petition for the writ are copies of the court proceedings under which petitioner was committed to serve a sentence of two years for the offense of feloniously receiving stolen property of the value of more than $50. Since petitioner is proceeding without the aid of counsel, we will dispose of the merits of the case absent the formal issuance and return of a writ of habeas corpus; the rule being well settled that where an application for writ of habeas corpus is made to this court and the petition shows on its face that the alleged detention complained of is in conformity to a valid conviction and sentence, the writ itself may be denied on the face of the showing made, since no useful purpose would be served by the issuance of a habeas corpus that would merely result in a remand of the prisoner to custody under the circumstances relied on for relief by such process. Lee v. Van Pelt, 57 Fla. 94, 48 So 632; State ex rel. Davis v. Hardie, 108 Fla. 133 146 So. 97; Skipper v. Schumacker, 118 Fla. 867, 160 So. 357.
The record shows that the petitioner was informed against in the court of record of Escambia county, tried by a jury on a charge of felony, found guilty by the jury's verdict, and thereafter adjudged to be guilty and thereupon sentenced to a term of imprisonment that is within the limitations prescribed by law. Section 7239, C.G.L., section 5138, R.G.S.
The contention that the court of record of Escambia county has no constitutional existence is obviously without merit. See sections 39, 40, and 41, article 5, Constitution of Florida as amended at the 1910 general election. The criminal court of record of Escambia county was superseded by the court of record of Escambia county, which now is possessed of all the powers of the original criminal court of record as well as the additional powers provided for in the amendment to the Constitution hereinbefore referred to.
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Banks v. Jones
...tribunal in order that inquiry may be made into the legality of his detention ....” (citations omitted)); State ex. rel. Hamilton v. Mayo, 123 Fla. 491, 167 So. 34 (1936) (holding “the rule being well settled that where an application for writ of habeas corpus is made to this court and the ......
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Holland v. State, 5D01-100.
...654 So.2d 1019 (Fla. 1st DCA 1995); Granger v. Florida State Prison, 424 So.2d 937 (Fla. 1st DCA 1983). 3. See State ex rel. Hamilton v. Mayo, 123 Fla. 491, 167 So. 34 (1936); Skipper v. Schumacher, 118 Fla. 867, 160 So. 357 (1935); Edwards v. State, 705 So.2d 943, 945 (Fla. 5th DCA 1998); ......
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... ... judgment on appeal, the lower Court may be prohibited from ... allowing the same matter to be relitigated. State ex rel ... Hamilton v. Mayo, 123 Fla. 491, 167 So. 34; State ex ... rel. Davis v. Hardie, 108 Fla. 133, 146 So. 97; Lee ... v. Van Pelt, 57 Fla. 94, 48 So. 632 ... ...
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