Smith v. State

PEARSON, Associate Justice.

This is the second appearance of this case before this Court. See, Starr v. Smith, Fla., 77 So.2d 834. In the earlier case the Appeal was by the State from a Writ of Habeas Corpus wherein, the Circuit Court held that the information failed to state an offense under the laws of this State. This Court did not consider the facts but reversed the order bec'ause the defendant was not in custody at the time of the issuance of the Writ and therefore was not entitled to apply for the same.

This is an Appeal from a conviction and sentence for perjury. The facts are not…