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STATE v. SIMMONS

85 So.2d 879 (1956)

STATE of Florida, Appellant, v. Julis SIMMONS, Appellee.

Supreme Court of Florida. Special Division B.

February 3, 1956.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., John S. Lloyd, Asst. Atty. Gen., John D. Marsh, County Sol. and A.C. Dressler, Asst. County Sol., Miami, for appellant.

Emmett W. Kehoe, Miami, for appellee.

ROBERTS, Justice.

This is an appeal by the State from an adverse judgment in proceedings instituted by it under Section 849.12, Fla. Stat. 1953, F.S.A., for the forfeiture of some $545 seized from the defendant-appellee, Julis Simmons, and allegedly being used in setting up, conducting and operating a lottery. The cause was tried by the trial judge without a jury on the issues made by Simmons' answer, denying that the money was so used or that it was lawfully seized...

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