Opinion
28576.
DECIDED SEPTEMBER 20, 1940.
Certiorari; from Fulton superior court — Judge Virlyn B. Moore. May 23, 1940.
Russell G. Turner, for plaintiff in error.
Bond Almand, solicitor, John A. Boykin, solicitor-general, J. W. LeCraw, contra.
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 case 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 affirmed. Broyles, C. J., and Gardner, J., concur.