Georgia Court of Appeals, 1940

Hightower v. State

Hightower v. State
Georgia Court of Appeals · Decided September 20, 1940 · MacInttke, Broyles, Gardner
10 S.E.2d 765; 63 Ga. App. 265; 1940 Ga. App. LEXIS 58 (South Eastern Reporter, Second Series)

Hightower v. State

Opinion of the Court

MacInttke, J.

The evidence in the instant case authorized the verdict finding the defendant guilty of the offense of operating a lottery, and the judge did not err in overruling the certiorari. The case is distinguishable from Bailey v. State, 60 Ga. App. 556 (4 S. E. 2d, 409), where the lottery tickets were found only in a room; and the defendant being married and living with her husband, the evidence did not exclude the reasonable hypothesis that the lottery was the act of her husband; whereas in the instant ease the tickets were found in her personal possession. The evidence authorized the verdict. Morrow v. State, 62 Ga. App. 718 (9 S. E. 2d, 699).

Judgment ajp/rmed.

Broyles, C. J., and Gardner, J., concur.

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