Berger v. State

SWANN, Judge.

Petitioner sought a writ of certiorari from an order of affirmance by the Circuit Court of Dade County, Florida, affirming his conviction and sentence by the Criminal Court of Record for the crime of bookmaking.

On January 28, 1964, an information was filed charging the petitioner with unlawfully taking or receiving a bet upon the result of a horse race; a misdemeanor. He was tried and found guilty of the charge.

The petitioner appealed to the Circuit Court and asked that court to determine the question of whether the trial court erred in finding the defendant guilty, in that the…