VAN JOHNSON PENLEY, PETITIONER,
v.
H. G. COCHRAN, JR., RESPONDENT
VAN JOHNSON PENLEY, PETITIONER,
H. G. COCHRAN, JR., RESPONDENT
131 So. 2d 721
Florida Supreme Court (1961)
Positive Treatment
Cited by 6 cases
Opinion of the Court
It appears that the petition for habeas corpus filed herein fails to make a prima facie showing that the petitioner is entitled to relief. Accordingly, the petition is denied, but without prejudice to the petitioner to file a new or amended petition clearly showing by affidavit or other evidence that at the time of his trial he was an unmarried minor and that the provisions of Section 932.38, F.S.A., were not complied with in his case.
It is so ordered.
THOMAS, C. J., and TERRELL, HOB-SON, THORNAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miles v. State, 174 So. 2d 576 (Fla. 3d DCA 1965)…f the defendant is false, untrue and without merit.” and accordingly, denied the petition. No reversible error saving been made to appear, the order appealed is hereby affirmed. Affirmed. .§ 932.38 Fla.Stat., F.S.A.; Penley v. Cochran, Fla.1961, 131 So. 2d 721; Champion v. Cochran, Fla.1961, 128 So. 2d 386. . See Blocker v. State, 90 Fla. 136, 105 So. 316 (1925). . Emphasis supplied.…
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Julian v. Port Everglades Terminal Co., Inc., 135 So. 2d 423 (Fla. 1961)…* * * As a general rule the commissioner cannot modify the award or make a change in his decision, at- least without notice to the parties, after an. appeal is taken, * * . U. S. Casualty v. Maryland Casualty, supra. . In Pixley v. Packer Pontiac, 131 So. 2d 721, at p. 723 (Fla.) we stated: “We again point out that the full commission, as stated in, among other cases, Wiedman v. Daryl Products Corporation, Fla.1961, 127 So. 2d 448, 450, is not authorized to make findings of fact: “ ‘The full commission, w…
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Hons v. State, 285 So. 2d 66 (Fla. 2d DCA 1973)…wever, that he was unmarried at the time he entered his plea of guilty, and therefore it failed to make a prima fa-cie showing that he was entitled to relief on that ground. Champion v. Cochran, Fla.1961, 128 So. 2d 386; Penley v. Cochran, Fla.1961, 131 So. 2d 721; Miles v. State, Fla.App.1965, 174 So. 2d 576; Ziegler v. State, Fla.App.1965, 180 So. 2d 477. If the motion is defective in form or substance and insufficient to state a pri-ma facie case entitling movant to relief, the court may make a summary di…