STATE v. FERGUSON

No. 77-973.

365 So.2d 788 (1978)

STATE of Florida, Appellant, v. Carl FERGUSON, Appellee.

District Court of Appeal of Florida, Second District.

December 20, 1978.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellant.

Enrique Escarray, III, St. Petersburg, for appellee.


OTT, Acting Chief Judge.

The state here appeals the dismissal of the information charging appellee Ferguson with permitting another person to engage in a game of cards on his premises, an offense prohibited by Section 849.01, Florida Statutes (1975) (keeping gambling houses, etc.). The trial court concluded that an essential element of the offense was the habitual use of the premises for gambling, and that because such habitual use was not alleged in the information...

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