120 So. 326 | Fla. | 1929
Lead Opinion
This cause having heretofore been submitted to the Court upon the transcript of the record of the final order herein, and briefs, and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said final order; it is, therefore, *216
considered, ordered and adjudged by the Court that the said order of the circuit court be, and the same is hereby affirmed. See Sawyer v. State,
Affirmed.
TERRELL, C. J., AND WHITFIELD, BROWN AND BUFORD, J. J., concur.
Addendum
In habeas corpus proceedings it appears that Bill Young was convicted and sentenced to imprisonment upon an information signed, sworn to and filed by the Assistant County Solicitor for Hillsborough County. The petitioner prayed to be discharged from custody because of the alleged invalidity of the information. The Circuit Court remanded the petitioner and allowed him writ of error. The final order was affirmed and a rehearing is asked.
In Segars v. State,
In Sawyer v. State,
In this case the petitioner was convicted in 1926, and the application for a writ of habeas corpus herein was presented February 24, 1928. It does not appear that at the trial the defendant by motion to quash, motion in arrest of judgment or otherwise during the same term of the court, made any objection or exception to the manner in which the information was signed or sworn to. The court had jurisdiction of the offense and of the defendant and it is not alleged that the information did not charge an offense under the laws of this State, as in State ex rel. Lockmiller v. Mayo,
Rehearing denied.
TERRELL, C. J., AND WHITFIELD, BROWN AND BUFORD, J. J., concur.