Opinion
November 20, 1951.
Appeal from the Criminal Court of Record for Dade County, Ben C. Willard, J.
Roberts, Holland Strickland, Miami, for appellant.
Richard W. Ervin, Atty. Gen., and Phillip Goldman, Asst. Atty. Gen., for appellee.
The appellant, David Rosenblum, was informed against, tried and convicted in the Criminal Court of Record of Dade County, Florida, for the crime of operating a gambling house contrary to Section 849.01, F.S.A. He perfected an appeal from the judgment of conviction to this Court and here contends that the evidence adduced against him by the State of Florida in support of the material allegations of the information is legally insufficient to warrant or support the conviction.
We have examined the evidence and have reached the conclusion that the evidence so adduced was legally insufficient to sustain the judgment entered below and it now becomes the duty of this Court, as a matter of law, to reverse the judgment or conviction challenged on this appeal. See Creash v. State, 131 Fla. 111, 179 So. 149.
Reversed.
SEBRING, C.J., TERRELL, J., and LEWIS, Associate Justice, concur.