Fleming v. State
Fleming v. State
Opinion of the Court
1. The evidence authorized the verdict finding the defendant guilty of carrying on a lottery in violation of the Code, § 26-6502.
2. The accusation charged a violation of § 26-6502, and the evidence authorized a verdict of guilty of the offense as charged. Even if the evidence also authorized a verdict of guilty of violating § 26-6501, which violation was not charged in the accusation, it was not error to fail to charge § 26-6501. Mosley v. State, 65 Ga. App. 800, 804 (16 S. E. 2d, 504); Collins v. State, 66 Ga. App. 325, 328 (18 S. E. 2d, 24); Carr v. State, 13 Ga. 328; Martin v. State, 123 Ga. 478 (51 S. E. 334).
3. It was not error, in the absence of a request, to fail to charge that, “In the ’ commission of a crime or misdemeanor, there must he a union or joint act and intention or criminal negligence” (Code, § 26-201), where the court fully charged on the essential elements of the crime with which *865 the defendant was charged. Bennett v. State, 49 Ga. App. 804 (4) (176 S. E. 148); Hagood v. State, 5 Ga. App. 80, 87 (62 S. E. 641).
Judgment affirmed.
Reference
- Full Case Name
- Fleming v. the State
- Cited By
- 5 cases
- Status
- Published