HOBSON, Justice.
The real question in this case is whether the evidence established that the lottery tickets found in appellant's possession represented an interest in a lottery yet to be played. This case is governed by the law as it existed prior to the passage of Chapter 26765, Laws of Florida 1951, F.S.A. § 849.09. Prior to the enactment of Chapter 26765, supra, it was incumbent upon the state in a case of this character to charge and prove that the lottery...
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