Millman v. State
| Decision Date | 21 December 1951 |
| Parties | MILLMAN v. STATE. |
| Court | Florida Supreme Court |
Pine & Taylor, Miami, for appellant.
Richard W. Ervin, Atty. Gen., and Leonard Pepper, Asst. Atty. Gen., for appellee.
Isadore Millman has appealed from a judgment wherein he was adjudged guilty of operating a gambling house and sentenced to pay a fine or be imprisoned in the State penitentiary. With admirable candor, the Attorney General of Florida has conceded in his brief that the evidence adduced at the trial was not sufficient to sustain the conviction. We agree with this conclusion.
It is settled in this jurisdiction that in order to convict a person of operating a gambling house 'the ownership or control of the house must be proven, and then it must be proven that by the owner's knowledge and consent or direction some game or device condemned as gambling has been habitually played or carried on there.' See Creash v. State, 131 Fla. 111, 179 So. 149. Such proof does not appear in the record. It follows, therefore, that the judgment and sentence appealed from must be reversed.
It is so ordered.
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Perlman v. State, 71-824
...gambling has been conducted. Creash v. State, 1938, 131 Fla. 111, 179 So. 149; Grossman v. State, Fla.1952, 59 So.2d 59; Millman v. State, Fla.1951, 55 So.2d 713. It should be noted, however, that the crime proscribed is not the gambling as such or the habitual use of the property for gambl......
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...condemned as gambling has been habitually played or carried on there.' Creash v. State, 131 Fla. 111, 179 So. 149, 152; see Millman v. State, Fla.1951, 55 So.2d 713; Grossman v. State, Fla.1952, 59 So.2d Upon review of the record, we conclude that the evidence fails to meet the rule as appr......
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