Roberts v. State

The plaintiff in error sought to be discharged upon a writ of habeas corpus from the custody of the sheriff, who detained him by virtue of a commitment from the circuit court of the county. The commitment rested upon a judgment of the circuit court adjudging the petitioner to be guilty of murder in the second degree and sentencing him to a term in the State prison.

A writ of error was taken to that judgment and the Supreme Court affirmed it on the 11th day of July, 1927. See Roberts v. State, 94 Fla. 149, 113 South. Rep. 726.

The sheriff’s return to the writ of habeas corpus con*184tained the…