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77 So. 2d 834

Starr v. Smith

Supreme Court of Florida

Decided February 4, 1955

Supreme Court of Florida · decided 1955-02-04

Relies on 49 So. 2d 794 - Sullivan v. State Ex Rel. McCrory

Good law ✅— No negative treatment on recordhow we know

Decided 1955-02-04

How this case has been cited

Cited by 14 later decisions — most recently September 1993

1 federal appellate · 13 state decisions

6019551960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1It appearing that the appellee was not actually in custody at the time the writ of habeas corpus was awarded, and that the appellee was discharged the day the writ issued and one week before the sheriffs return was filed, the order of discharge is reversed with directions to quash the writ. Sullivan v. State ex rel. McCrory, Fla., 49 So.2d 794.

¶2Reversed.

MATHEWS, C. J., and TERRELL, THOMAS and HOBSON, JJ., concur.
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