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123 Fla. 149

166 So 469

Waterman v. Cunningham

Supreme Court of Florida

Decided March 3, 1936

Supreme Court of Florida · decided 1936-03-03

Relies on Skipper v. Schumacker · Waterman v. State

Decided 1936-03-03

Davis, J.

¶1 (concurring specially). — I think the special statute applicable to the Sixth Judicial Circuit, Chapter 12265, Acts of 1927, authorized the particular procedure followed in this case. Furthermore I think the proceedings if invalid are not subject to collateral attack by habeas corpus after a writ of error has been taken and judgment against accused affirmed by the Supreme Court. See: Skipper v. Schumacker, 118 Fla. 867, 160 Sou. Rep. 357. The judgment against Petitioner in this case was affirmed by the Court October 16, 1935. See: Waterman v. State, 121 Fla. 244, 163 Sou. Rep. 569.

Brown and Buford, J. J., concur.
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