Supreme Court of Florida, 1948

Williams v. Mayo

Supreme Court of Florida · Decided February 17, 1948 · Adams, Barns, Buford, Thomas

33 So. 2d 861; 160 Fla. 169; 1948 Fla. LEXIS 634 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Bell (Fla. 1948)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BUFORD, J.:

This cause is before us on writ of habeas corpus and return thereto.

The. record shows that the same factual conditions exist in this case as existed in the case of Scott v. Mayo, 159 Fla. 816, 32 So. (2nd) 821.

Therefore, on authority of the opinion and judgment in that case we do not discharge the petitioner but, under the provisions of Sec. 924.34, Fla. Statutes 1941 (same F.S.A.) remand him to the custody of respondent with directions that petitioner be presented to the Criminal Court of Record of Duval County, Florida, for judgment and sentence as is provided in Sec. 775.09, supra, which said offense is included within the offense charged in the information under which petitioner was convicted.

Remanded with directions.-

So ordered.

THOMAS, C. J., ADAMS and BARNS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.