Moody v. State

In Tanner v. Wiggins, 54 Fla. 203, 45 South. Rep. 459, 1 ‘ the record clearly showed that there was a legal sentence imposed by a court of competent jurisdiction,” and it was there held that “a defect in the commitment or mittimus cannot be made to avail in the habeas corpus proceedings.” Here no judgment or sentence is shown by either party.

In this case the petitioner alleged on oath that his detention was “unlawful,” and prayed that the sheriff be required to produce before the court “the body of the petitioner together with the day and cause of his detention. ’ ’

Whether the allegation of…