Cohen v. Mayo

THOMAS, Justice.

When the petitioner applied for a writ of habeas corpus the Attorney General advised the court that the writ should issue. Now in the return of the Commissioner of Agriculture, as custodian of the Florida State Prison, signed by the Attorney General as his counsel, the suggestion is made “that the petitioner should be remanded to the trial court so that the State Attorney may have the opportunity to file a new habitual criminal information against him.”

In the information filed 2 October 1942, charging the petitioner with having become a habitual criminal, the dates of…