State ex rel. Murphy v. Partin

(dissenting) :

The facts of this case are essentially as follows:

While on parole from a felony conviction, appellee was arrested pursuant to two informations alleging forgery. Bail was then set. On the day following his arrest, however, the order setting bail was rescinded by direction of the Florida Parole and Probation Commission on the authority of Section 949.10, 949.11, and 949.12, Florida Statutes. Appellee then sought and obtained a writ of habeas corpus pursuant to which the circuit court entered an order holding Section 949.10 unconstitutional in that it did not allow appellee to be…