Georgia Court of Appeals, 1942

Johnson v. State

Johnson v. State
Georgia Court of Appeals · Decided April 14, 1942 · Broyles, MacIntyre, Gardner
19 S.E.2d 843; 67 Ga. App. 275; 1942 Ga. App. LEXIS 371 (South Eastern Reporter, Second Series)

Johnson v. State

Opinion of the Court

Broyles, C. J.

The accused was convicted in the criminal court of Fulton county of operating a lottery known as the “number game,” for the hazarding of money. The undisputed evidence showed that the defendant, when arrested, had upon his person seventeen batches of lottery tickets used in the operation of the “number game.” The evidence further authorized a finding that he was aiding others in the operation of the lottery, and therefore that he was guilty §,s a principal, there being no accessories in misdemeanors. The lottery tickets were properly admitted in evidence. The overruling of the certiorari was not error. Morrow v. State, 63 Ga. App. 264 (10 S. E. 2d, 762); Mack v. State, 65 Ga. App. 812 (16 S. E. 2d, 519).

Judgment affirmed.

MacIntyre and Gardner, JJ., concur. *276 Bussell G. Turner, for plaintiff in error. Bond Almand, solicitor, John A. Boylcin, solicitor-general, Bur-wood T. Pye, contra.

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