Smith v. State

SHANNON, Judge.

The appellant, Charlie A. Smith, was convicted in the criminal court of record for Polk County of various offenses under chapter 849, Florida Statutes, F.S.A., commonly-known as the lottery statute. After his conviction he was sentenced to two years in the state prison. He appealed, as did Jimmy Fraterrigo and Armando Vega, other defendants convicted at the same time. The appeals were consolidated for the purpose of oral argument.

The information was in nine separate counts — the seventh count did not apply to this defendant — and included one count charging conspiracy to commit…