RAYMOND CLARENCE BECKLEY, PETITIONER,
v.
R. O. CULVER, AS PRISON CUSTODIAN OF FLORIDA STATE PRISON, RESPONDENT
RAYMOND CLARENCE BECKLEY, PETITIONER,
R. O. CULVER, AS PRISON CUSTODIAN OF FLORIDA STATE PRISON, RESPONDENT
104 So. 2d 640
Florida Supreme Court (1958)
Positive Treatment
Cited by 1 case
Opinion of the Court
A writ of habeas corpus having been issued, this matter comes on to be heard on the petition for the writ and the return of the respondent. The uncontroverted facts of the return reveal that petitioner is now legally in custody under a valid commitment issued out of a court of competent jurisdiction. Any rights of the petitioner which might arise by virtue of the allegations of the petition are therefore asserted prematurely. On authority of Hitson v. Mayo, Fla.1955, 82 So.2d 591, the writ is discharged and the petitioner is remanded to the custody of the respondent.
TERRELL, C. J., and THOMAS, ROBERTS, DREW and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Klemm v. City OF Winter Haven, 114 So. 2d 11 (Fla. 2d DCA 1959)…t he needs the city government, as it is that the area in which he lives needs it.” See also Gulfview Properties, Inc. v. Town of Mary Esther, Fla., 94 So. 2d 814; State ex rel. Tarpon Springs Coca Cola Bottling Co. v. City of Tarpon Springs, Fla., 104 So. 2d 640. Since the legal question upon the subject matter has been well defined in prior decisions of the Supreme Court of Florida the only point necessary to determine this appeal is a review of the factual situation. It is apparent that tendering and ren…
Authorities Cited
- Moat v. Mayo, 82 So. 2d 591 (Fla. 1955)
- Hitson v. Mayo, 82 So. 2d 591 (Fla. 1955)