Merry-Go-Round, Inc. v. State Ex Rel. Jones

(concurring specially). — I concur in the above conclusion of the court--affirming the judgment of the lower court, because of the view that there is a distinction between the instant case and that of Gulf Theatres, Inc., v. State, 133 Fla. 634, 182 South. Rep. 842.

Section 7832 C. G. L. 1927, provides that whoever shall maintain a place where games of chance are engaged in shall be deemed guilty of a nuisance.

At the time of the issuance of the constitutional writ in Gulf Theatres, Inc., v. State, supra, the so-called “bank night” plan had not been adjudicated a lottery in violation of the…