Smith v. Davis

WIGGINTON, Acting Chief Judge.

Petitioner in habeas corpus has appealed a final judgment which dismissed his petition and remanded him to the custody of the Sheriff of Escambia County. It is contended that the trial court based its judgment upon a misconception of the meaning and *178intent of the controlling decision rendered by this court in the case of Rhoades v. Bohn 1, and because of such misconception erred in dismissing the petition.

Petitioner separated from his wife, Beverly 'Carol Smith, on December 12, 1961, at a time when the parties were living as husband and wife in Escambia County,…