State ex rel. Cohen v. Wingate

In a petition for writ of habeas corpus, Jesse Cohen alleges that he is wrongfully detained in custody of the sheriff of Manatee County, and prays to be discharged.

A petition for writ of habeas corpus, while a writ of right, will not issue where the facts alleged show that the petitioner is not entitled to the relief prayed.

*43It appears from the petition that the defendant was in-dieted by the grand jury of Manatee county on a charge of second offense violation of the intoxicating liquor law; that he was tried at the 1921 Fall Term of the Circuit Court and a mistrial resulted; he was remanded…