Hewitt v. State

PER CURIAM.

We 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.

Affirmed, in part; reversed, in part.

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