STATE OF FLORIDA, APPELLANT,
v.
LILLIAN RUTHIE BATEMAN A/K/A LILLIAN MILLER BATEMAN, APPELLEE
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The State of Florida appealed an order quashing an information charging a defendant with possessing lottery tickets after a prior conviction for a lottery violation. The appellate court reversed the order, finding it was based on an incorrect legal premise.
The appellate court held that the trial court erred in quashing the information.
“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.”
This quote states the court's decision and the legal basis for it, referencing prior controlling case law.
The State of Florida filed an information charging Lillian Ruthie Bateman with possessing lottery tickets. This charge was based on a prior conviction…
The full statement of facts, procedural history, and disposition for this case are member content.
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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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Edmond Wyche v. State, 178 So. 2d 875 (Fla. 2d DCA 1965)
- State v. Benigo Fernandez, 156 So. 2d 400 (Fla. 2d DCA 1963)
- Quarterman v. State, 155 So. 2d 693 (Fla. 1963)
- Stevens v. U & M E Transfer, Inc., 155 So. 2d 693 (Fla. 1963)
- State v. Doscher Curtis, 152 So. 2d 754 (Fla. 2d DCA 1963)
- Buchanan v. State of Fla. ex rel. Morgan D. Morris, 167 So. 2d 43 (Fla. 3d DCA 1964)