MART v. STATE

No. 76-2137.

350 So.2d 1123 (1977)

Alfie MART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 18, 1977.


Attorney(s) appearing for the Case

Grusmark, Jaffe, Karten and Milton E. Grusmark, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Linda Collins Hertz, Asst. Atty. Gen., for appellee.

Before BARKDULL, NATHAN and HUBBART, JJ.


HUBBART, Judge.

This is a criminal prosecution for maintaining a gambling house. The defendant was convicted as charged and appeals.

The issue presented for review is whether an apartment controlled by the defendant and frequented by no one other than the defendant is a gambling house proscribed by Section 849.01, Florida Statutes (1975), when the defendant habitually takes bets by telephone at the apartment from outsiders on various sporting events. We hold...

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