STATE, EX REL. SUMNER SWEETING,
v.
L. F. CHAPMAN, SUPERINTENDENT FLORIDA STATE PRISON
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This habeas corpus case involved a petitioner convicted for possessing Cuban lottery tickets. The Florida Supreme Court discharged the petitioner, finding the information insufficient because it did not allege the lottery was not currently played.
No, the information is insufficient because it fails to allege that the lottery tickets were for a lottery not currently played.
“The Petitioner should be discharged on authority of the opinion and judgment in the case of D'Alessandro v. State, 114 Fla. 70, 153 Sou. 95, because the Information does .not allege that the tickets were for a lottery not then played.”
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Join FLexlaw to unlock all legal intelligenceThe petitioner was convicted based on an information charging unlawful possession of Cuban lottery tickets for the disposal of money by lot or chance.…
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This is an original habeas corpus proceeding.
*232The petitioner was convicted under the Second Count of an Information, in the following language:
“And the said Chas. A. Morehead, County Solicitor for the County of Dade, prosecuting for the State o'f Florida, in the said County, under oath,- information makes that Sumner Sweeting, Frank Minnis and O. Trippadó", "óf the County of Dade and State of Florida, on the 30th day of July, in the year of our Lord, one thousand nine hundred and thirty-two, in the County and State aforesaid, did then and there unlawfully and feloniously have in their possession certain lottery tickets, commonly known as Cuban Lottery Tickets, a further and more particular description of said Cuban Lottery tickets being to the County Solicitor unknown, for the disposal by lot or chance of a thing of value-, to-wit: money.”
The Petitioner should be discharged on authority of the opinion and judgment in the case of D’Alessandro v. State, 114 Fla. 70, 153 Sou. 95, because the Information does .not allege that the tickets were for a lottery not then played.
It is so ordered.
Ellis, P. J., and Terrell and Buford, J. J., concur.
Wi-iitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
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La Russa v. State, 142 Fla. 504 (Fla. 1940)…a live lottery or a lottery yet to be played. Also, we have held that the indictment must allege both of these elements as it takes both to constitute the crime. See D’Alessandro v. State, 114 Fla. 70, 153 So. 96; State ex rel. Sweeting v. Chapman, 126 Fla. 231, 170 So. 736. [*509] A reading of these cases will readily disclose the basis for our position therein. The State is not interested in prosecuting its citizens for the mere possession of lottery tickets, but is primarily interested in the prevention…
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Union Camp Corp. v. Petition of Seminole Forest Water Mgmt. Dist., 302 So. 2d 419 (Fla. 1st DCA 1974)…of “a majority, either in numbers or acreage, of the owners and holders of the body of land sought to be included in the district.” (Page 629, emphasis added) The Florida Supreme Court, in State ex rel. South Brevard Drainage Dist. v. Smith, 1936, 126 Fla. 231, 170 So. 440, recognized that the original law in Florida was patterned after the model drainage district act which was generally adopted in the Middle-Western states. In reviewing these statutes, it is seen that the Nebraska Statute is analagous. S…
Authorities Cited
- D'Alessandro v. State, 114 Fla. 70 (Fla. 1934)