55 Fla. 596 | Fla. | 1908
(after stating the facts.)—It is contended here that the plaintiff in error was entitled to his discharge after the expiration of twelve months from the date of the sentence, and Miller v. State, 15' Fla. 575, is relied on to support this contention. Subsequent to the-decision in that case the question involved was very thoroughly examined in the case of State v. Horne, 52 Fla.. 125, 42 South. Rep. 388. There is no bill of exceptions in this case and it will be observed that the judge below finds that the petitioner has only suffered about one-sixth of the term of imprisonment imposed upon him by the judgment of the county court, and that during the balance of the term -he was at liberty with his own consent, if not at his own request. He therefore refused to discharge the plaintiff in error. This ruling of the circuit judge was in harmony with the principles o.f the case of State v. Horne, supra. On page 135 the court says: “the law does not contemplate that the -court in
Taylor and Parkhill, JJ., concur;
Shackleford, C. J., Cockrell and Whitfield, JJ., concur in the -opinion.