Sherman v. State

District Court of Appeal of Florida

Sherman v. State

133 So. 2d 663

CourtDistrict Court of Appeal of Florida

DecidedOctober 23, 1961

DocketNo. 61-80

StatusPublished

This text of 133 So. 2d 663 (Sherman v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherman v. State, 133 So. 2d 663 (Fla. Ct. App. 1961).

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Opinion

PER CURIAM.

The defendant was tried and found guilty of the crime of keeping a gambling house as set forth in section 849.01, Fia.Stat., F.S.A. He has appealed from the judgment and sentence. We have reviewed the record and find no evidence that the defendant owned, maintained, controlled or operated the premises upon which the gambling was in progress. The judgment must be reversed and the sentence set aside upon authority of Grossman v. State, Fla.1952, 59 So.2d 59; Creash v. State, 131 Fla. 111, 179 So. 149, 152; Stanger v. State, Fla.App. 1960, 117 So.2d 417.

Reversed.

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PER CURIAM.

The defendant was tried and found guilty of the crime of keeping a gambling house as set forth in section 849.01, Fia.Stat., F.S.A. He has appealed from the judgment and sentence. We have reviewed the record and find no evidence that the defendant owned, maintained, controlled or operated the premises upon which the gambling was in progress. The judgment must be reversed and the sentence set aside upon authority of Grossman v. State, Fla.1952, 59 So.2d 59; Creash v. State, 131 Fla. 111, 179 So. 149, 152; Stanger v. State, Fla.App. 1960, 117 So.2d 417.

Reversed.

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133 So. 2d 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-state-fladistctapp-1961.

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