Lee v. Van Pelt

Citations

• 57 Fla. 94

Syllabus

<p>1. Where a party is confined in jail under a commitment issued upon an affidavit charging the offense in positive terms, the commitment and affidavit being in proper form, it is not competent for him in Plabeas Corpus proceedings to question the legality of his arrest by showing simply that the prosecuting witness or witnesses had no personal knowledge of the facts stated in the affidavit, and thereby attempting to show a want of probable -cause.</p> <p>2. While the writ of Habeas Corpus is a writ of right in the enlarged sense of the term,’ it does not issue of course, 'but reasonable grounds must exist for awarding it, and if it appears on the face of the petition that the party in custody would only be remanded, the writ should be denied.</p>