McLeod v. Chase

Within their authority, officers may enforce the law that is applicable to the facts of the case; and to act without supporting appropriate facts would be to enforce the individual will, not the law.

The writ of habeas corpus has been used in this State to release a person held under a commitment issued on a preliminary hearing before a county judge acting as a committing magistrate, where the evidence wholly failed to sustain the charge on which the commitment was made. See Exparte Brandau, 26 Fla. 142, 7 So.2d Rep. 528. See also Exparte Eagan, 18 Fla. 194; Ex parte Harfourd, 16 Fla. 283; 29…