Hand v. Smith

— The writ of error brings for review judgment of the Circuit' Court of the Ninth Judicial Circuit in and for Orange County, Florida, discharging petitioner in habeas corpus from custody of the Sheriff on motion to quash return to the writ.

Petitioner alleged that he was unlawfully restrained of his liberty under the “pretense and by virtue of a certain void warrant issued by the Justice of the Peace of the First District of Orange County, Florida.” A copy of the warrant was attached to the petition.

Petition further alleged that “no probable cause existed for the procurement or issuance of…