Ferenc v. Thursby

ON MOTION TO QUASH APPEAL

The State has filed a motion to quash this appeal taken from an order denying appellant’s petition for a writ of habeas corpus filed in the Circuit Court in and for Volusia County.

The ground for the State’s motion to quash the appeal is that same is frivolous in that the law is clear that habeas corpus proceedings will not lie to test the sufficiency of a prisoner’s arrest prior to trial on the offense charged following said arrest.

We have examined the allegations of the petition, the denial of which is the subject of the instant appeal. Such examination sustains the…