State Ex Rel. Garrison v. Reeve

—The plaintiff in error was petitioner in the court below for a writ of habeas corpus. The writ was issued and upon return coming in the petitioner moved to quash the return upon the ground that no authority was shown by the said return for the restraining of the liberty of the petitioner. The motion to quash was denied and the petitioner was remanded to the custody of the Chief of Police. To the judgment, writ of error was taken and the case is here for review.

The petitioner was charged with violation of paragraph 3 of Section 2 of Ordinance 917 of the City of Miami, which declares it to be…