State ex rel. McFarland v. Roberts

TERRELL, Justice.

Appellant was tried and convicted in the City Court of Tampa, Florida, for the violation of Ordinance 865-A, relating to misdemeanors and penalty therefor. He forthwith applied for and secured a writ of habeas corpus on the ground that his conviction was illegal in that Ordinance 865-A was in direct conflict with and was repugnant to Chapter 28000, Acts of 1953, now Section 165.191 and note F.S.A. A hearing was had and petitioner was remanded to the custody of the Chief of Police. The order of remand also permitted appeal to this Court.

It is contended that Chapter 28000, Acts…