
    Dave STARR, as Sheriff of Orange County, Florida, Appellant, v. Matthew SMITH, Appellee.
    Supreme Court of Florida. Special Division B.
    Feb. 4, 1955.
    Rehearing Denied March 1, 1955.
    Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for appellant.
    Sam E. Murrell, Sam E. Murrell, Jr., and Robert G. Murrell, Orlando, for appellee.
   PER CURIAM.

It appearing that the appellee was not actually in custody at the time the writ of habeas corpus was awarded, and that the appellee was discharged the day the writ issued and one week before the sheriffs return was filed, the order of discharge is reversed with directions to quash the writ. Sullivan v. State ex rel. McCrory, Fla., 49 So.2d 794.

Reversed.

MATHEWS, C. J., and TERRELL, THOMAS and HOBSON, JJ., concur.  