Boyd v. Cochran

Based upon the petition of Lewis Clyde C. Boyd, this Court issued its writ of habeas corpus directed to respondent H. G. Cochran, Jr., Director, Division of Corrections. To this writ respondent has now filed a return alleging matters which, if true, show cause why petitioner is legally detained and imprisoned by him.

While the return to the writ is not conclusive of the facts stated therein, § 79.06(1), F.S.A., its allegations are taken as true until impeached, and evidence is not needed to support an uncontroverted return. Sullivan v. State ex rel. McCrory, Fla.1951, 49 So.2d 794; Cooper v.…