Roberson v. Chapman

TERRELL, J.:

This is an application for habeas corpus wherein the constitutional validity of Chapter 20520, Acts of 1941, is challenged, the ground of challenge being that it designates the first assistant engineer at the Florida State Prison as executioner to carry out the sentence of death. It is contended that the execution of the death penalty is such a governmental function as should be performed by an officer elected by the people or appointed by the Governor, that the first assistant engineer at the Florida State Prison is not* such an officer but a mere employee who cannot be clothed…