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315 So. 2d 496

Hewitt v. State

District Court of Appeal of Florida · decided 1975-07-11

Decided 1975-07-11

PER CURIAM.

¶1We have reviewed the record on appeal and after due consideration of the briefs and oral argument we are of the opinion that in case No. 74-1525, pertaining to appellant McNeil, no reversible error has been demonstrated and the judgment appealed from is therefore affirmed. However, with regard to Case No. 74-1527, pertaining to appellant Hewitt, we are of the opinion that there is an absence of substantial competent evidence to support a conviction for aiding or assisting in setting up, promoting or conducting a lottery; accordingly, the judgment of conviction and sentence is vacated and set aside with directions that the appellant Hewitt be discharged from custody.

¶2Affirmed, in part; reversed, in part.

OWEN and MAGER, JJ., and DIA-MANTIS, GEORGE N., Associate Judge, concur.
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