PAUL FURBEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1958-10-03
No. 24
KANNER, C. J., ALLEN, J., and SPO-TO, I. C, Associate Judge, concur.
107 So. 2d 156 Florida District Court of Appeal, Second District (1958) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the evidence was more than ample to sustain the jury's verdict and that the grounds for reversal were not prejudicial.


Facts & Procedural History

Deputy sheriffs, with a search warrant, discovered a bolita lottery operation in the appellant's house, seized paraphernalia and money, and made arres…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
PER CURIAM.

PER CURIAM.

Two deputy sheriffs, bolstered with a search warrant, entered the small house of a state witness, a negro bolita seller, on a night early in the month of December, 1956, and there found a bolita lottery operation, seized the paraphernalia and money, and made arrests. The scene as depicted by the state’s witnesses without question abundantly established a bolita operation in violation of the lottery laws of Florida.

Appellant Furbee was charged through an information under four counts with one McLendon, who was also arrested at the time: count one, with assisting, aiding in setting up, promoting or conducting a lottery known as bolita; count two, with setting up, promoting or conducting a lottery known as bolita; count three, with disposing of money by lottery; and count four, with being interested in and connected with a lottery. He was found guilty under all the counts.

■Nothing would be gained by reciting the positions relied upon for reversal because they represent nothing out of the ordinary, and from the record these positions point to nothing prejudicial in the trial of the appellant, Furbee. Not any of the grounds asserted a lack of evidence to sustain the jury’s verdict, and to the contrary, the evidence is more than ample.

The judgment is affirmed.

KANNER, C. J., ALLEN, J., and SPO-TO, I. C, Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …rty is an essential prerequisite to performance by the other, there is not only a condition implied in fact qualifying the promise of the latter, but also an implied promise by the former to give the necessary cooperation.” See also Melvin v. West, 107 So. 2d 156, 160 (Fla.App.2d, 1958). The trial court erred in holding that the option was not properly exercised. This case was before the equity side of the trial court, and the gross inequity of Data Lease’s position is most apparent. It has gained financia…
  • Seymour Gerber v. The Keyes Co., 443 So. 2d 199 (Fla. 3d DCA 1983)
    …. Vining v. Smith, 343 So. 2d 871 (Fla. 3d DCA 1977), cert. denied, 355 So. 2d 518 (Fla.1978). However, Halsey had abrogated its broker-client relationship with Keyes by submitting its last offer through another broker, Mr. Rose. See Melvin v. West, 107 So. 2d 156 (Fla.2d DCA 1958), cert. denied, 111 So. 2d 40 (Fla.1959) (nonexclusive listing contract terminated by seller’s execution of sales contract with buyer procured by another broker). Keyes’ exclusive listing on the building had expired. There was no lo…
  • Melvin v. West, 120 So. 2d 233 (Fla. 2d DCA 1960)
    …ALLEN, Chief Judge. This matter comes before this court by a motion of the appellant to review the costs allowed in the lower court subsequent to the taking of an appeal in which this court reversed the lower court, 107 So. 2d 156. William H. West secured a judgment against William H. Melvin for $290,000, which judgment was reversed by this court. The circuit judge, on Melvin’s motion to dismiss the suit and to tax costs in favor of said defendant, entered an order allowing…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw