Fleming v. State

41 S.E.2d 824, 74 Ga. App. 864, 1947 Ga. App. LEXIS 714

Opinion

MacIntybe, J.

1. The evidence authorized the verdict finding the defendant guilty of carrying on a lottery in violation of the Code, § 26-6502.

2. The accusation charged a violation of § 26-6502, and the evidence authorized a verdict of guilty of the offense as charged. Even if the evidence also authorized a verdict of guilty of violating § 26-6501, which violation was not charged in the accusation, it was not error to fail to charge § 26-6501. Mosley v. State, 65 Ga. App. 800, 804 (16 S. E. 2d, 504); Collins v. State, 66 Ga. App. 325, 328 (18 S. E. 2d, 24); Carr v. State, 13 Ga. 328; Martin v. State, 123 Ga. 478 (51 S. E. 334).

3. It was not error, in the absence of a request, to fail to charge that, “In the ’ commission of a crime or misdemeanor, there must he a union or joint act and intention or criminal negligence” (Code, § 26-201), where the court fully charged on the essential elements of the crime with which the defendant was charged. Bennett v. State, 49 Ga. App. 804 (4) (176 S. E. 148); Hagood v. State, 5 Ga. App. 80, 87 (62 S. E. 641).

Decided March 8, 1947. James N. Bahai, for plaintiff in error. Andrew J. Byan Jr., Solicitor-General, contra.

Judgment affirmed.

Broyles, O. J., and Gardner, J., concur.