BENJAMIN SHERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BENJAMIN SHERMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
133 So. 2d 663
Florida District Court of Appeal, Third District (1961)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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S. Bell Tel. & Tel. Co. v. Dep't OF Revenue, 366 So. 2d 30 (Fla. 1st DCA 1978)…is the acquisition of drawings, rough or finished, to show to prospective advertisers or to reproduce in the yellow pages. In my view our inquiry ends when we have found substantial competent evidence to support that finding. See Green v. Sgurovsky, 133 So. 2d 663 (Fla. 3d DC A 1961); Federated Dep't Stores, Inc. v. Kosydar, 45 Ohio St.2d 1, 340 N.E. 2d 840 (1976). I cannot grasp the majority’s distinction between the taxable sale of stock art and the nontaxable sale of speculative or finished art. In either…
Authorities Cited
- Creash v. State, 131 Fla. 111 (Fla. 1938)
- Stanger v. State, 117 So. 2d 417 (Fla. 3d DCA 1960)