Purdy v. Evans

DREW, Justice.

The trial court, in a habeas corpus proceeding, held paragraphs 30.15(a) and 30.15 (b),1 Code of Metropolitan Dade County, void because of its failure to incorporate the provisions for a jury trial contained in Section 322.262(4), Florida Statutes, F.S.A. The direct appeal here by the Sheriff of Dade County is accepted under authority of Boyd v. County of Dade, 123 So.2d 323 (Fla.1960).

This case is governed by the decision of this Court rendered this day in the case of Smith v. Davis, 231 So.2d 517 (Fla.)

We are not persuaded by the argument of appellee that because this case…