Creash v. State
Florida Supreme Court
179 So. 149, 131 Fla. 111 (1938)
- Written by Brett Stavin, JD
Facts
[Ed’s note: The casebook excerpt misspells the name as Creach.] Joseph Creash and codefendants (collectively, Creash) (defendants) were charged by the state of Florida (plaintiff) with keeping and operating a gambling house. Creash operated a house at which a bingo game was played. The house maintained a regular schedule of bingo games. First, the house ran three $5 games, then a $10 game, then four $5 games, then a $15 game, then a $10 game, and then the schedule would repeat. Entrance fees were 10 cents. The prize amounts stayed the same no matter how many players attended or how many entrance fees were paid. The prizes were not awarded in cash, but rather through orders for merchandise at local retailers. The house’s bank account held funds for operating expenses and other overhead, and it always held enough funds for the prizes even before entry fees were paid. Players were induced to play both by the hope of winning the prize and also by the amusement of playing. Creash was convicted in criminal court. On appeal, Creash argued that the bingo game as structured did not constitute gambling.
Rule of Law
Issue
Holding and Reasoning (Terrell, J.)
Concurrence (Buford, J.)
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