Georgia Court of Appeals, 1940

Shurling v. State

Shurling v. State
Georgia Court of Appeals · Decided September 20, 1940 · MacIntyre, Broyles, Gardner
11 S.E.2d 395; 63 Ga. App. 636; 1940 Ga. App. LEXIS 512 (South Eastern Reporter, Second Series)

Shurling v. State

Opinion of the Court

MacIntyre, J.

Hyrus Shurling was arrested on November 1, 1939, driving a Eord V-8 coupé, and on the seat beside him were certain lottery tickets dated the same day. It was in the daytime, about two o’clock p. m., and this was about the time of day that “pick-up” men collected the tickets. The method of operating a lottery or number game is admitted. He was alone in the car. He *637 contended in his statement that he did not know the tickets were in the ear, that he had loaned it to a boy fifteen minutes before he was arrested; and he denied that he had anything to do with any lottery. Held', that the evidence authorized the defendant’s conviction of the offense of keeping, maintaining, and operating a lottery known as the “number game” for the hazarding of money. See Ransome v. State, 53 Ga. App. 490 (186 S. E. 436); Turk v. State, 55 Ga. App. 732 (191 S. E. 283). The judge did not err in overruling the certiorari, for any reason assigned.

Judgment affirmed.

Broyles, O. J., and Gardner, J., concur.

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