State, Ex Rel. Oglesby v. Hand

Eugene Oglesby was charged with unlawfully attempting to take fresh water fish from Lake Moni’oe in Seminole County by means of a drag-seine more than two hundred yards in length and was convicted and sentenced to pay a fine of ten dollars with an alternative sentence of thirty days in jail in default of payment of the fine.

While in the custody of the sheriff under the judgment the petitioner aplied for a writ of habeas corpus and moved for his discharge upon the ground that the Act under which he was convicted was unconstitutional. The circuit judge before whom the writ was returned remanded…