(DOWNLOAD) "Ex Parte Clarence Daly" by Supreme Court of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Ex Parte Clarence Daly
- Author : Supreme Court of Florida
- Release Date : January 04, 1913
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
TAYLOR, J. -- Judge James W. Perkins, Judge of the Seventh Judicial Circuit, by virtue of an order made by the Governor convened and held a special term of the Circuit Court in and for the County of Dade in the Eleventh Judicial Circuit because of the continued illness of the Judge presiding over the said Eleventh Judicial Circuit, at which special term the petitioner was tried, convicted and sentenced to death for the crime of rape. The petitioner sued out here in this court a writ of habeas corpus alleging that he is unlawfully detained in custody for two reasons, viz.: (1) Because Judge Perkins of the Seventh Circuit was without jurisdiction to hold said special term in the Eleventh Judicial Circuit, and then and there try and sentence him upon such charge, because the order of the Governor assigning him to hold such special term specifically stated that such special term was for the purpose of trying petitioner for the crime of rape committed upon one ""Mrs. Parker,"" whereas the indictment upon which he was tried, convicted and sentenced charged him with the crime of rape, not upon ""Mrs. Parker,"" but upon one Mrs. Margaret Berry. (2) Because Section 1814 of the General Statutes of 1906, under which