Ex Parte F. L. Wise

The ordinance is assailed here on the ground that it is arbitrary, discriminatory, unreasonable, unconstitutional and void.
It is established that where a person is convicted and sentenced under an invalid municipal ordinance, the said judgment of
conviction and sentence may be inquired into and the petitioner discharged, and the remedy is habeas corpus. See Cason v.
Quinby, 60 Fla. 35, 53 So. 741. A person held in custody under a sentence of a municipal court upon a conviction of a charge
based on an ordinance alleged to be void -- the validity of the ordiance may be tested by habeas corpus. See Hardee v. Brown,
56 Fla. 377, 47 So. 834; Pounds v. Darling, 75 Fla. 125, 77 So. 666, L.R.A. 1918E 949; Liberis v. Harper, 89 Fla. 477, 104
So. 835; Kinkaid v. Jackson, 66 Fla. 378, 63 So. 706; Shelton v. Coleman, 136 Fla. 625, 187 So. 266; Masters v. Cobb, 111
Fla. 267, 149 So. 337.