Tomarchin v. Kelly

The appellee has filed a motion under rule 5.10, Florida Appellate Rules, 31 F. S.A., seeking to overrule and discharge an order of the circuit court for release on bond, of a petitioner in habeas corpus, pending his appeal to this court from an order of remand.

In an interstate extradition proceeding involving one Robert Tomarchin, an extradition warrant had been issued by the Governor of Florida. The habeas corpus action followed in the circuit court in Dade County.

The state contends here that the circuit judge erred in granting bail to the appellant Tomarchin, and relies on State ex rel.…