Bagley v. State

Court of Appeals of Georgia

Bagley v. State

13 S.E.2d 34, 64 Ga. App. 289, 1941 Ga. App. LEXIS 17

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1941

Docket28587.

StatusPublished

This text of 13 S.E.2d 34 (Bagley v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bagley v. State, 13 S.E.2d 34, 64 Ga. App. 289, 1941 Ga. App. LEXIS 17 (Ga. Ct. App. 1941).

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Opinion

Broyles, C. J.

The accused was convicted in the criminal court of Fulton County of operating a lottery known as the “number game.” Upon the trial he introduced no evidence, and made no statement to the jury. He obtained a writ of certiorari from the superior court, and the certiorari, on a hearing thereof, was overruled, and that judgment was excepted to. Under the ruling in Turk v. State, 55 Ga. App. 732 (191 S. E. 283), and the authorities therein cited and the facts of the instant case, the judge, sitting without the intervention of a jury, was authorized to find the defendant guilty of the offense charged. The special assignments of error show no cause for the reversal of the judgment overruling the certiorari.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

The accused was convicted in the criminal court of Fulton County of operating a lottery known as the “number game.” Upon the trial he introduced no evidence, and made no statement to the jury. He obtained a writ of certiorari from the superior court, and the certiorari, on a hearing thereof, was overruled, and that judgment was excepted to. Under the ruling in Turk v. State, 55 Ga. App. 732 (191 S. E. 283), and the authorities therein cited and the facts of the instant case, the judge, sitting without the intervention of a jury, was authorized to find the defendant guilty of the offense charged. The special assignments of error show no cause for the reversal of the judgment overruling the certiorari.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

13 S.E.2d 34, 64 Ga. App. 289, 1941 Ga. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagley-v-state-gactapp-1941.

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