124 Fla. 330 | Fla. | 1936
Lead Opinion
This writ of error brings before us for review a final order in habeas corpus proceedings discharging the petitioner from custody. The judgment of the Circuit Judge is affirmed upon authority of McCleod v. Chase,
Affirmed.
WHITFIELD, C.J., and BROWN and DAVIS, J.J., concur.
ELLIS, P.J., and TERRELL and BUFORD, J.J., concur in the opinion and judgment.
Concurrence Opinion
Where the constitutionality of the application of a particular statute or ordinance depends upon a consideration of the evidence I think habeas corpus may be employed as it was used in this case, not as a review of the sufficiency of the evidence qua proof, but as a means of determining whether constitutional property rights are being adversely affected by the manner of enforcement of an ordinance as applied to the particular facts of the case before the court.
BUFORD, J., concurs. *332