CHARLIE KNIGHT, ALIAS BABE KNIGHT, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a conviction for maintaining a gambling room, holding that a single instance of gambling activity was sufficient to establish the offense, rejecting the argument that repetition was required.
A single instance of gambling activity is sufficient to convict a person for keeping and maintaining a gambling room. Repetition or frequency of such events is not a necessary element of the offense.
“A reversal of the judgment is sought upon the grounds that the evidence, which consisted of the events which transpired on a certain night at the house kept by Knight, was not sufficient to convict him of the offense charged, because the element of frequency or repetition of such events transpiring in that house was lacking.”
This quote outlines the appellant's argument on appeal, which is that a single instance of gambling is insufficient for conviction.
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Join FLexlaw to unlock all legal intelligenceCharlie Knight was indicted, tried, and convicted for keeping and maintaining a gambling room for the purpose of gaming and gambling under Florida Sta…
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Ellis, C. J.
Charlie Knight was indicted, tried and convicted for keeping and maintaining a gambling room for the purpose of gaming and gambling. The statute which denounces the offense is Sec. 5499, Revised General Statutes.
A reversal of the judgment is sought upon the grounds that the evidence, which consisted of the events which transpired on a certain night at the house kept by Knight, was not sufficient to convict him of the offense charged, because the element of frequency or repetition of such events transpiring in that house was lacking. The point is duly presented.
The point is not well taken. The judgment should be affirmed. See Ransom v. State, 26 Fla. 364, 7 South. Rep. 860. Judgment affirmed.
Strum and Brown, J. J., concur. Whitfield, P. J., and Terrell and Buford, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Abe Cohen and Milton Samuels v. State, 189 So. 2d 498 (Fla. 3d DCA 1966)…irmed the holding of Creash v. State, supra. Thereafter, this Court in Stanger v. State, Fla.App. 1960, 117 So. 2d 417, had occasion to apply the same requirement. The State contends that “frequency” is not an essential element. See Knight v. State, 94 Fla. 868, 114 So. 665 (1927). The cases cited do not give a clear statement of when a room may be said to have been “habitually used” for gambling; however, we are certain that one instance of taking a bet on a baseball game is not sufficient. The officer’s…
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Moldorah v. State, 195 So. 2d 24 (Fla. 3d DCA 1967)…PER CURIAM. Affirmed on the authority of Freed v. State, 100 Fla. 900, 130 So. 459 (1930); Knight v. State, 94 Fla. 868, 114 So. 665 (1927).…
Authorities Cited
- Ransom v. State, 26 Fla. 364 (Fla. 1890)