GAETANO v. STATE

No. 72-455.

273 So.2d 84 (1973)

Donald GAETANO, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 5, 1973.


Attorney(s) appearing for the Case

Max Lurie, of Lurie & Capuano, Miami, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.


CROSS, Judge.

Appellant-defendant, Donald Gaetano, Jr., appeals a judgment and sentence following an adjudication of guilt in a nonjury trial on a charge of unlawfully keeping, exercising or maintaining a gambling house. We reverse.

The defendant was charged by information in count one thereof with bookmaking and in count two of the information with unlawfully keeping, exercising or maintaining a gambling house in Ft. Lauderdale, Florida. At trial, it was...

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