Mart v. State

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 that such an apartment cannot be a gambling house as condemned by Section 849.01, Florida Statutes (1975), and reverse.

The defendant Alfie…