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ALDERMAN v. STATE

No. F-169.

167 So.2d 635 (1964)

Hattie ALDERMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. First District.

September 29, 1964.

Attorney(s) appearing for the Case

Ossinsky & Krol, Daytona Beach, for appellant.

James W. Kynes, Atty. Gen., and A.G. Spicola, Jr., Asst. Atty. Gen., for appellee.

RAWLS, Judge.

Appellant Hattie Alderman was charged in the circuit court of Volusia County with being "interested in and connected with a lottery, commonly known as Bolita in that she received and collected money and records of the sale of chances on a lottery for money."1 Such charge constituted a felony as provided in subsection 849.09(d). The trial judge instructed the jury as follows:

"Now, as a lesser included offense, included...

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