J. J. MENDENHALL
v.
REX SWEAT, AS SHERIFF
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J. J. Mendenhall sought writs of error from the Florida Supreme Court challenging two Circuit Court judgments in habeas corpus proceedings that remanded him to custody to await trial on murder charges. The Supreme Court granted the writs of error and scire facias audiendum errores, allowing the appeal to proceed.
The Supreme Court granted writs of error and the accompanying writs of scire facias audiendum errores, allowing the appeal of the Circuit Court's habeas corpus judgments to proceed.
“J. J. Mendenhall, of Duval County, Florida, having alleged before me that he is aggrieved by two certain judgments of the Circuit Court of Duval County, Florida, rendered in two certain proceedings in habeas corpus instituted by him in that court”
Establishes the nature of the proceedings and that Mendenhall initiated the habeas corpus petitions in the lower court.
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Join FLexlaw to unlock all legal intelligenceMendenhall filed two habeas corpus petitions in the Circuit Court of Duval County. The Circuit Court issued judgments remanding Mendenhall to the cust…
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J. J. Mendenhall, of Duval County, Florida, having alleged before me that he is aggrieved by two certain judgments of the Circuit Court of Duval County, Florida, rendered in two certain proceedings in habeas corpus instituted by him in that court, as appears of record at page 131 of Minute Book 56 and at page 157 of Minute Book 56, of the records of the Circuit Court of Duval County, by *300which several judgments in said habeas corpus proceedings he, the said J. J. Mendenhall, has been, so he alleges, unlawfully remanded to the custody of Rex Sweat, as Sheriff of Duval County, Florida, to be held in jail to answer certain indictments returned against him charging him with murder in the first degree, in default of his giving bail in the sum of $50,000.00, as required by said judgments of the Circuit Court in the premises, now therefore it is ordered, pursuant to Section 5444 C. G. L.,. 3580 R. G. S., that writs of error to the judgments of the Circuit Court aforesaid do severally issue returnable to this Court on Monday, November 26, 1934, during its present term, and that upon the filing and recording of a certified copy of this order in the records of the Circuit Court of Duval County, Florida, that said Clerk of the Circuit Court do forthwith issue said writs of error pursuant to this order, as required by law, and that said Clerk of the Circuit Court do likewise and at the same time issue the writs of scire facias audiendum errores required by law1 to be issued as an incident to the allowance of writs of error in habeas corpus cases appealed to the Supreme Court pursuant to Section 5444 C. G. L., 3580 R. G. S., all to be made returnable as herein directed.
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Barber v. State, 124 Fla. 694 (Fla. 1936)…e sum of $10,000.00, when so fixed after conviction and sentence for murder in the second degree, even though the defendant is shown to be insolvent and probably unable to make such bond in his present circumstances. The rule of Mendenhall v. Sweat, 117 Fla. 299, 157 Sou. Rep. 888, 117 Fla. 659, 158 Sou. Rep. 280, is applicable to ordinary bail under Sections 8 and 9, Declaration of Rights', Florida Constitution. In supersedeas matters the rule of State, ex rel. Gallat, v. Allen, 82 Fla. 149, 89 Sou. Rep. 3…