State Ex Rel. Dato v. Himes

Upon petition filed this court issued a Rule nisi to the resident Judge of the Criminal Court of Record for Hillsborough County to show cause why a Writ of Prohibition should not, on the ground of second jeopardy be issued to restrain the trial of the relators' on an information charging them with the commission of a felony. The respondent Judge, by the Attorney-General and the County Solicitor, filed a demurrer and also an answer or return to the Petition for Prohibition. Relators moved for a writ of Prohibition absolute notwithstanding the demurrer and return.

It is made to appear that…