Ivey v. State

Court of Appeals of Georgia

Ivey v. State

19 S.E.2d 844, 67 Ga. App. 268, 1942 Ga. App. LEXIS 362

CourtCourt of Appeals of Georgia

DecidedApril 10, 1942

Docket29414.

StatusPublished

Cited by2 cases

This text of 19 S.E.2d 844 (Ivey 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.

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Ivey v. State, 19 S.E.2d 844, 67 Ga. App. 268, 1942 Ga. App. LEXIS 362 (Ga. Ct. App. 1942).

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Opinion

MacIntyre, J.

The defendant was convicted of operating a lottery. As stated in his brief, the defendant excepted to the overruling of his certiorari “on the ground that the evidence was and is not sufficient in law to authorize -a conviction, and has not excepted to any errors committed by the trial court in its charge and rulings.” The State’s evidence disclosed that the officers trailed the defendant and another, who were riding in an automobile, about one o’clock in the daytime. One officer ran them into the curbing, one officer held the other person, and the other officer chased the defendant (who threw a sack away down on a railroad bank), and finally caught him. The officers went back and got the sack and found lottery tickets therein. This was sufficient to authorize the conviction of the defendant. Mack v. State, 65 Ga. App. 812 (16 S. E. 2d, 519); Morrow v. State, 63 Ga. App. 264 (10 S. E. 2d, 762). The defendant contends that the seizure of the lottery tickets was illegal, and that the judgment should be reversed. The point was not made before the trial judge, or in the petition for certiorari; and therefore the question is not properly before this court. Britt v. State, 65 Ga. App. 812 (16 S. E. 2d, 523). The judge did not err in overruling the certiorari.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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MacIntyre, J.

The defendant was convicted of operating a lottery. As stated in his brief, the defendant excepted to the overruling of his certiorari “on the ground that the evidence was and is not sufficient in law to authorize -a conviction, and has not excepted to any errors committed by the trial court in its charge and rulings.” The State’s evidence disclosed that the officers trailed the defendant and another, who were riding in an automobile, about one o’clock in the daytime. One officer ran them into the curbing, one officer held the other person, and the other officer chased the defendant (who threw a sack away down on a railroad bank), and finally caught him. The officers went back and got the sack and found lottery tickets therein. This was sufficient to authorize the conviction of the defendant. Mack v. State, 65 Ga. App. 812 (16 S. E. 2d, 519); Morrow v. State, 63 Ga. App. 264 (10 S. E. 2d, 762). The defendant contends that the seizure of the lottery tickets was illegal, and that the judgment should be reversed. The point was not made before the trial judge, or in the petition for certiorari; and therefore the question is not properly before this court. Britt v. State, 65 Ga. App. 812 (16 S. E. 2d, 523). The judge did not err in overruling the certiorari.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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19 S.E.2d 844, 67 Ga. App. 268, 1942 Ga. App. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivey-v-state-gactapp-1942.

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