Ball v. State

Court of Appeals of Georgia

Ball v. State

72 Ga. App. 45

CourtCourt of Appeals of Georgia

DecidedJanuary 19, 1945

Docket30724

StatusPublished

This text of 72 Ga. App. 45 (Ball 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

Ball v. State, 72 Ga. App. 45 (Ga. Ct. App. 1945).

Pincite

Opinion

MacIntyre, J.

A lottery ribbon was found in the home of John Smith. At this time the defendant Ball and four other persons were in the room where the ribbon was found. The evidence did not authorize a finding that the ribbon was the defendant’s or in his possession or control. The evidence as a whole failed to show that the defendant ■“did keep, maintain, and operate a lottery” as charged in the accusation, and the judge of the superior court erred in overruling and denying the writ of certiorari.

Judgment reversed.

Broyles, C. J., and Gardner, J., concur. J. Wightman Bowden, John B. Strother, for plaintiff in error. Bindley W. Camp, solicitor, John A. Boylcin, solicitor-general, Durwood T. Bye, contra.

Free access — add to your briefcase to read the full text and ask questions with AI

MacIntyre, J.

A lottery ribbon was found in the home of John Smith. At this time the defendant Ball and four other persons were in the room where the ribbon was found. The evidence did not authorize a finding that the ribbon was the defendant’s or in his possession or control. The evidence as a whole failed to show that the defendant ■“did keep, maintain, and operate a lottery” as charged in the accusation, and the judge of the superior court erred in overruling and denying the writ of certiorari.

Judgment reversed.

Broyles, C. J., and Gardner, J., concur. J. Wightman Bowden, John B. Strother, for plaintiff in error. Bindley W. Camp, solicitor, John A. Boylcin, solicitor-general, Durwood T. Bye, contra.

Cite This Page — Counsel Stack

Bluebook (online)

72 Ga. App. 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ball-v-state-gactapp-1945.