Hodges v. State

2 Citing cases

  1. Robertson v. State

    288 S.E.2d 362 (Ga. Ct. App. 1982)   Cited 3 times

    Appellant had in his possession lottery paraphernalia when he was arrested in Macon, Bibb County, Georgia; the case was tried in the Superior Court of Bibb County. "the venue of the defendant's offense of aiding in the maintaining of a lottery, if participation is otherwise shown, is the place where the defendant is found with the lottery paraphernalia; that is, the place where the defendant is participating." Hodges v. State, 100 Ga. App. 607, 610 ( 112 S.E.2d 226) (1959). See also Mills v. State, 71 Ga. App. 353, 363 (7) ( 30 S.E.2d 824) (1944); Simmons v. State, 72 Ga. App. 16, 19 (6) ( 32 S.E.2d 842) (1945); Flanigan v. State, 83 Ga. App. 835, 837 ( 65 S.E.2d 37) (1951).

  2. Chilivis v. Fleming

    228 S.E.2d 178 (Ga. Ct. App. 1976)   Cited 1 times

    That a lottery is a game and is played for amusement as well as the chance of profit has been established by a number of decisions of this court, as well as, that those purchasing a ticket or number are players and that the purchase of a ticket or number is a sale. See in this connection Britton v. State, 69 Ga. App. 868, 869 ( 27 S.E.2d 100); Riley v. State, 68 Ga. App. 747, 748 ( 24 S.E.2d 69); Clay v. State, 94 Ga. App. 553, 554 ( 95 S.E.2d 471); Ramsey v. State, 85 Ga. App. 245, 247 ( 69 S.E.2d 98); Thomas v. State, 85 Ga. App. 868, 871 ( 70 S.E.2d 131); Hodges v. State, 100 Ga. App. 607, 608 ( 112 S.E.2d 226). An examination of foreign authorities indicates that this seems to be a universal concept that a lottery is both a game and an amusement. That a game is an illegal one does not alter the situation under the Act.