STATE v. KEMP

No. 74-809.

305 So.2d 833 (1974)

STATE of Florida, Appellant, v. Joseph B. KEMP, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 22, 1975.


Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and Milton Robbins, Asst. State's Atty., for appellant.

Phillip A. Hubbart, Public Defender, and Steven Rappaport, Asst. Public Defender, for appellee.

Before BARKDULL, C.J., and HENDRY and NATHAN, JJ.


NATHAN, Judge.

The State of Florida appeals an order of the trial court dismissing an information filed against the defendant charging him with aiding or assisting in conducting a lottery.

The defendant filed a motion to dismiss which was signed and sworn to by defendant's counsel, but not by the defendant himself. The motion alleged factual matters. The state filed a traverse to the motion stating in toto, "The State traverses to the Defendant's sworn Motion...

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