Diaz v. State

The defendant was convicted in the Criminal Court of Record of Hillsborough County, Florida, of unlawfully having in his possession certain tickets in a lottery commonly known as New York Bond, in violation of section 849.09, Florida Statutes 1941, F.S.A. On an appeal from the judgment and sentence the defendant has raised certain question for adjudication, which we think may be fairly stated as follows: (1) Was the evidence sufficient to establish that the ticket found in the defendants possession was a ticket in a lottery not yet played; (2) were certain articles of an evidentiary nature which were taken from the defendant at the time of his arrest procured by means of a lawful search and seizure?