Macon Tribue v. State Florida

An information consisting of four counts, each of which charged a violation of the lottery laws of the State of Florida, was filed against the appellant. The jury found him guilty on counts two, three, and four. Counts two and three charged a felony offense and count four a misdemeanor offense. The court sentenced him only on counts two and three. Count two charged that appellant did unlawfully aid and assist in the setting up, promoting and conducting of a lottery for money, the lottery being commonly known as "Bolita" and "Cuba"; and count three charged that he was unlawfully interested in and connected with a lottery for money, commonly know as "Bolita" and "Cuba". On count two the trial judge sentenced appellant to the state penitentiary for a period of three years and ordered him to pay costs of court taxed at $78.88, or in default of payment to be imprisoned for an additional thirty days. On the third count the court sentenced appellant to the state penitentiary for a period of three years and provided that this sentence run concurrently with the sentence entered on count two. The charges were laid and the penalty imposed under section 849.09, Florida Statutes, F.S.A. Naturally being discontented with the verdict of the jury and the sentences imposed, the appellant has instituted this appeal.