Georgia Court of Appeals, 1940

Jones v. State

Jones v. State
Georgia Court of Appeals · Decided September 20, 1940 · Broyles, MacIntyre, Gardner
10 S.E.2d 716; 63 Ga. App. 264; 1940 Ga. App. LEXIS 57 (South Eastern Reporter, Second Series)

Jones v. State

Opinion of the Court

Broyles, C. J.

The defendant was convicted, in the criminal court of Fulton County, of the offense of operating a lottery known as β€œthe number game.” He obtained a writ of certiofcari, and on the hearing before a judge of the superior court the certiorari was overruled. The offense was a misdmeanor; and a person who knowingly aids and abets another in the commission of a misdemeanor is guilty as a principal. In this case the evidence con- *265 tamed in the petition for certiorari, together with that set forth in the untraversed answer of the trial judge, was sufficient to authorize the jury to find that the accused was aiding and abetting other persons in the operation of a lottery. See Dennis v. State, 55 Ga. App. 291 (190 S. E. 45), and Ransom v. State, 55 Ga. App. 292 (189 S. E. 924). The overruling of the certiorari was not error for any reason assigned.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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