State ex rel. Murphy v. Partin

This cause is before us on direct appeal to review the order of the Circuit Court in and for Osceola County holding Section 949.10, Florida Statutes, to be unconstitutional in that it did not allow petitioner to be admitted to bail. This order was entered prior to this Court’s decisions in Bernhardt v. State, 288 So.2d 490 (Fla.1974), and Genung v. Nuckolls, 292 So.2d 587 (Fla.1974). Since the trial court passed directly on the constitutionality of a state statute, we have jurisdiction pursuant to Article V, Section 3(b)(1), Constitution of Florida.

The order of the trial court only insofar as…