This section contains the nature of the case and procedural background.

Ds were charged with a violation of § 798.05. The elements of the offense are the (1) habitual occupation of a room at night, (2) by a Negro and a white person (3) who are not married. Ds' constitutional contentions were overruled, and the jury returned a verdict of guilty. The Florida Supreme Court affirmed and sustained the validity of § 798.05 as against Ds' claims that the section denied them equal protection of the laws guaranteed by the Fourteenth Amendment.

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