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State v. Bateman

District Court of Appeal of Florida, Fourth District
Feb 3, 1967
194 So. 2d 626 (Fla. Dist. Ct. App. 1967)

Opinion

No. 836.

February 3, 1967.

Appeal from the Court of Record for Broward County, Robert J. O'Toole, J.

Earl Faircloth, Atty. Gen., Tallahassee, and Fred T. Gallagher, Asst. Atty. Gen., Vero Beach, for appellant.

Walter E. Gwinn, Miami, for appellee.


The State of Florida has appealed from an order quashing an information in which it was charged that appellee

"* * * having previously been convicted, adjudicated guilty and sentenced for a violation of F.S. 849.09(1) (h) [F.S.A.] on February 13, 1963, to wit: Lottery Law Violation; did then and there unlawfully have in her possession certain tickets in a lottery for money * * *."

The order is reversed on the authority of State v. Curtis, Fla.App. 1963, 152 So.2d 754 (cert. denied, Fla. 1963, 155 So.2d 693); State v. Fernandez, Fla.App. 1963, 156 So.2d 400; Buchanan v. State ex rel. Morris, Fla.App. 1964, 167 So.2d 43; Wyche v. State, Fla.App. 1965, 178 So.2d 875, and remanded to the court below for disposition on the merits.

WALDEN, C.J., ANDREWS, J., and WILLSON, J.H., Associate Judge, concur.


Summaries of

State v. Bateman

District Court of Appeal of Florida, Fourth District
Feb 3, 1967
194 So. 2d 626 (Fla. Dist. Ct. App. 1967)
Case details for

State v. Bateman

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. LILLIAN RUTHIE BATEMAN A/K/A LILLIAN…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 3, 1967

Citations

194 So. 2d 626 (Fla. Dist. Ct. App. 1967)