State ex rel. Gerstein v. Hialeah Race Course, Inc.

We have before us a direct appeal taken by the State of Florida on the relation of Richard E. Gerstein, a State Attorney, from an Order of the Circuit Court, Dade County, dismissing a complaint directed *55against appellees for alleged violation of Fla.Stat. § 99.161, F.S.A. In the Order, the Circuit Court held that Fla.Stat. § 99.161(1) (a) (1965), F.S.A., was unconstitutional as violative of the Equal Protection provisions of the State and Federal Constitutions; also, Fla.Stat. § 104.27 (4), F.S.A., providing the penalty for any violation of the statute declared unconstitutional, was struck…