From Casetext: Smarter Legal Research

Holmes v. State

Court of Appeals of Georgia
Apr 28, 1941
65 Ga. App. 13 (Ga. Ct. App. 1941)

Opinion

28876.

DECIDED APRIL 28, 1941.

Certiorari; from Fulton superior court — Judge A. L. Etheridge. November 12, 1940.

C. G. Battle, for plaintiff in error.

Bond Almond, solicitor, John A. Boykin, solicitor-general, J. W. LeCraw, contra.


The assignments of error are without merit. The evidence supported the verdict, and the court did not err in overruling the certiorari.

DECIDED APRIL 28, 1941.


The evidence to the effect that the defendant was found in possession of a number of original lottery tickets, together with the time, place, and manner of explanation of that possession. coupled with other evidence regarding the existence and manner of operating the lottery known as the "number game," was sufficient to sustain a conviction. The assignments of error regarding the admission of testimony, and the statement by the judge, in a colloquy in passing on an objection to testimony, to the effect that the Court of Appeals has held "that is the proper way to prove the operation of a lottery," do not demand a reversal.

Judgment affirmed. Broyles, C. J., and MacIntyre, J., concur.


Summaries of

Holmes v. State

Court of Appeals of Georgia
Apr 28, 1941
65 Ga. App. 13 (Ga. Ct. App. 1941)
Case details for

Holmes v. State

Case Details

Full title:HOLMES v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 28, 1941

Citations

65 Ga. App. 13 (Ga. Ct. App. 1941)
13 S.E.2d 114

Citing Cases

Jones v. State

For that reason the conviction of the defendant was void because of repugnancy. That case is not authority…

James v. State

In the instant case, as stated hereinabove, the defendant contended that he was carrying the tickets to…