George E. Faison

WHITFIELD, J. -- The Circuit Judge issued a writ of habeas corpus upon a petition alleging that Faison was illegally detained in custody by Vestal, City Marshal of Plant City, under a conviction upon a affidavit charging that on stated days Faison ""did sell intoxicating liquors, contrary to the city ordinances of said city,"" etc. It is further alleged that the ordinance is void, in that it illegally authorizes a double sentence of both fine and imprisonment. As justifying the detention the marshal relid upon a mittimus reciting a violation of the ordinance making it unlawful ""to directly or indirectly sell or offer for sale any intoxicating liquors, wines or beers or any spirituous, vinous or malt liquors of any kind whatsoever within the corporate limits of the City of Plant City, Florida,"" and imposing a penalty of ""a fine of not less that fifty dollars ($50.00) or more than one hundred dollars ($100.00) or by imprisonment in the city jail for not less than ten (10) days or more than thirty (30) days, or by both such fine and imprisonment, in the discretion of the court, for the first offense and by a fine of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00) or by imprisonment in the city jail for not less that thirty (30) days or more than sixty (60) days or by both such fine and imprisonment in the discretion of the court, for each offense subsequent to the first offense."" The mittimus requires the marshal to take and keep Faison