MOAT v. MAYO


82 So.2d 591 (1955)

George W. MOAT, Petitioner, v. Nathan MAYO, as Prison Custodian of the State of Florida, Respondent.

Supreme Court of Florida. Special Division A.

September 28, 1955.


Attorney(s) appearing for the Case

George W. Moat, in pro. per.

Richard W. Ervin, Atty. Gen., Moie J.L. Tendrich and Jos. P. Manners, Asst. Attys. Gen., for respondent.


DREW, Chief Justice.

Petitioner applied for writ of habeas corpus on grounds that the judgment and two year sentence imposed upon him was void because imposed under Section 843.11, F.S. 1951, F.S.A., whereas the information was drawn under Section 843.12, F.S. 1951, F.S.A. The writ was issued.

Respondent has filed a return asserting that the matters raised in this petition have been heretofore judicially determined by this Court on February 1, 1955, in a previous...

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