Gerlaugh v. Florida Parole Commission

DREW, Justice.

Because the information, under which he was adjudged to be guilty1 of a felony and placed on probation for a period of four years, was signed by the Assistant State’s Attorney instead of the State’s Attorney, petitioner alleges he is being illegally deprived of his liberty. In fine, petitioner specifically avers that by virtue of the constitutional requirement2 that every information shall be under oath and filed by the prosecuting attorney, the failure of the State’s Attorney to sign and swear to said information renders the same null, void and of no effect,3 and that,…