S. D. MCCREARY, CHIEF OF POLICE OF THE CITY OF MIAMI,
v.
STATE, EX REL. WESLEY E. GARRISON, AGENT OF WESLEY E. GARRISON, INC.

Fla. | 1936-05-22
Whitfield, C. J., and Brown and Davis, J. J., concur., Ellis, P. J., and Terrell and Buford, J. J., concur in the opinion and judgment., Buford, J., concurs.
124 Fla. 330 Florida Supreme Court (1936) Positive Treatment
Also reported at: 168 So. 422
Cited by 10 cases
Opinion of the Court
Per Curiam.

Per Curiam.

This writ of error brings before us for review a final order in habeas corpus proceedings discharging the petitioner from custody. The judgment of the Circuit Judge is affirmed upon authority of McCleod v. Chase, 96 Fla. 736a, 116 So. 858 and Brown v. Watson, 116 Fla. 56, 156 So. 327; there having been no evidence introduced before the municipal court, or before the Circuit Judge in the habeas corpus proceedings, showing, or tending to show that the ordinance in question had been violated by the petitioner.

Affirmed.

Whitfield, C. J., and Brown and Davis, J. J., concur.

Ellis, P. J., and Terrell and Buford, J. J., concur in the opinion and judgment.

Davis, J.

(concurring). — Where the constitutionality of the application of a particular statute or ordinance depends upon a consideration of the evidence I think habeas corpus may be employed as it was used in this case, not as a review of the sufficiency of the evidence qua proof, but as a means of determining whether constitutional property rights are being adversely affected by the manner of enforcement of an ordinance as applied to the particular facts of the case before the court.

Buford, J., concurs.

Concurrence
Davis, J.

Davis, J.

(concurring). — Where the constitutionality of the application of a particular statute or ordinance depends upon a consideration of the evidence I think habeas corpus may be employed as it was used in this case, not as a review of the sufficiency of the evidence qua proof, but as a means of determining whether constitutional property rights are being adversely affected by the manner of enforcement of an ordinance as applied to the particular facts of the case before the court.

Buford, J., concurs.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Watson v. Stone, 4 So.2d 700 (Fla. 1941)
    …titutes no offense under the law is held unlawfully and may be discharged from such confinement on writ of habeas corpus. See McLeod v. Chase, 95 Fla. 376a, 116 So. 859; Brown v. Watson, 116 Fla. 56, 156 So. 327; McCreary v. State, ex rel. Garrison, 124 Fla. 330, 168 So. 422. Rules for the construction of statutes are recognized by this Court. Penal laws should be strictly construed and those in favor of the accused should receive a liberal construction. See Sanford v. State, 75 Fla. 393, 78 So. 340. In th…
  • Farrior v. State of Fla. Ex rel. Foster Compton, 152 Fla. 754 (Fla. 1943)
    …o. It has not been shown by the record that the petitioner ever violated the statute cited and the lower court so held. The answer to this contention is the cases of Watson v. Stone, 148 Fla. 516, 4 So. (2nd) 700; McCreary v. State ex rel. Garrison, 124 Fla. 330, 168 So. 422; McLeod v. Chase, 95 Fla. 736a, 116 So. 858-9. The judgment appealed from is hereby affirmed. BUFORD, C. J., TERRELL and ADAMS, JJ., concur.…
  • State v. Coleman, 148 Fla. 381 (Fla. 1941)
    …to a law suit and the prosecuting attorney is entitled to the right to offer additional testimony. We do not think the petitioner below has brought himself within the rule enunciated by this Court in McCreary v. State ex rel. Harrison, 124 Fla. 330, 168 So. 422; Brown v. Watson, 116 Fla. 56, 156 So. 327; McLeod v. Chase, 95 Fla. 736a, 116 So. 858. . The next question for adjudication is: Can a court on a habeas corpus proceeding take testimony to determine whether or not probable cause exists in support o…

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