JACK H. FRENCH, PLAINTIFF IN ERROR,
v.
A. W. TURNER, SHERIFF OF BROWARD COUNTY, FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's decision to quash a writ of habeas corpus, holding that a challenge to the statute of limitations on a criminal charge is a matter for trial, not habeas corpus.
The court held that the question of whether the statute of limitations had run is a matter to be determined at trial, not in a habeas corpus proceeding.
“It is sufficient here to say that the indictment appears to be valid on its face and whether or not the Statute of Limitations had run so as to bar the prosecution under the facts is a proper matter to be determined, as is any other material matter, on the trial.”
This quote explains the court's reasoning for not addressing the statute of limitations in the habeas corpus proceeding.
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Join FLexlaw to unlock all legal intelligencePetitioner sought release from the custody of the Broward County Sheriff via a writ of habeas corpus. The petitioner alleged he was unlawfully held un…
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This case comes here on writ of error to .a judgment in habeas corpus proceedings quashing the writ of habeas corpus on the ground that petitioner was at the time in the custody of a Federal officer under a capias issued in a Federal criminal case.
The petitioner attempted to gain his release from the •custody of the Sheriff of Broward County, whom the petitioner alleged unlawfully held him under a capias issued from the Circuit Court of Broward County on an indictment returned after the running of the Statute of Limitations as to the crime attempted to be charged therein. It is sufficient here to say that the indictment appears to be valid on its face and whether or not the Statute of Limitations had run so as to bar the prosecution under the facts is a proper matter to be determined, as is any other material matter, on the trial.
If error should occur in the determination of the questions involved detrimental to the accused, such error may be corrected on review in due course on writ of error to a final judgment.
Eeversible error is not made to appear in this pro*426ceeding and the judgment should, therefore, be affirmed. It is so ordered.
Affirmed.
Ellis and Brown, J. J., concur.
Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Sylvester v. Young Tindall, 154 Fla. 663 (Fla. 1944)…the members composing it, were parties. As to the scope of habeas corpus proceedings, see, in addition to the cases already cited, the following: Lehman v. Sawyer, 106 Fla. 396, 143 So. 310;Jones v. Cook, 146 Fla. 253, 200 So. 856; French v. Turner, 103 Fla. 425, 137 So. 521; Ex parte Lewis, 101 Fla. 624, 135 So. 147; Quigley v. State, 99 Fla. 933, 127 So. 898; White v. Penton, 92 Fla. 837, 110 So. 533; Hardee v. Brown, 56 Fla. 377, 47 So. 835; Bronk v. State, 43 Fla. 461, 31 So. 248; Ex parte Prince, 27 Fl…
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Shelton v. Coleman, 136 Fla. 625 (Fla. 1939)…ed, upon writ of error or otherwise, the question of whether or not the pos'session of fish ó I a-smaller size than that specified in the Act, when lawfully acquired in another State, is forbidden by the Act.” [*632] In the case of French v. Turner, 103 Fla. 425, 137 So. 521, this Court, speaking through Mr. Chief Justice Buford, held that where the indictment is valid on its face, the writ of habeas corpus should be quashed, although the petitioner may have a valid defense on account of the running of the…
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Jones v. Cook, 146 Fla. 253 (Fla. 1941)…d with jurisdiction by attacking the indictment, information or affidavit for some mere defect of form before the justice or judge of some other court upon habeas corpus proceedings. See also opinion of Mr. Chief Justice Buford in French v. Turner, 103 Fla. 425, 137 So. 521; and Encyc. Digest of Florida Reports, Vol. 6, pp. 334, et seq., where our decisions are collated. I thoroughly agree with Mr. Justice Buford that a writ of habeas corpus is a constitutional writ, perhaps the grandest and most precious…
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