Jenner v. State

Court of Appeals of Georgia

Jenner v. State

160 S.E. 115, 43 Ga. App. 747, 1931 Ga. App. LEXIS 538

CourtCourt of Appeals of Georgia

DecidedSeptember 4, 1931

Docket20682

StatusPublished

Cited by2 cases

This text of 160 S.E. 115 (Jenner 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

Jenner v. State, 160 S.E. 115, 43 Ga. App. 747, 1931 Ga. App. LEXIS 538 (Ga. Ct. App. 1931).

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Opinion

Bboyles, C. J.

1. “Tlie owner and operator of a machine so arranged and contrived that when a person inserted therein a five-cent coin and pulled a lever a package of candy mints worth five cents was ejected, and ‘sometimes, but not always, small metal tokens, varying from 1 to 20 tokens, were also ejected with the mints,’ which could be used by inserting them back into the machine and thereby securing for the person playing it ‘a horoseopic message or pretended fortune,’ which was displayed in printing inside the machine, was guilty of a violation of section 398 of the Renal Code of 1910, which provides that ‘No person, by himself or another, shall keep, maintain, employ, or carry on any lottery in this State, or other scheme or device for the hazarding of any money or valuable thing,’ although the metal tokens referred to were plainly marked ‘For amusement only,’ and had no redemption value in money or merchandise.”

2. The above-stated ruling was made by the Supreme- Court in this case in answer to a question certified by this court. See Jenner v. State, 173 Ga. (159 S. E. 564). Under that ruling and the facts of the instant ease, the conviction of the defendant was authorized, and the overruling of the motion for a new trial (based upon the usual general grounds only) was not error.

Judgment affirmed.

Luhe, J., concurs. Bloodworlh, J., absent on account of illness.

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Bboyles, C. J.

1. “Tlie owner and operator of a machine so arranged and contrived that when a person inserted therein a five-cent coin and pulled a lever a package of candy mints worth five cents was ejected, and ‘sometimes, but not always, small metal tokens, varying from 1 to 20 tokens, were also ejected with the mints,’ which could be used by inserting them back into the machine and thereby securing for the person playing it ‘a horoseopic message or pretended fortune,’ which was displayed in printing inside the machine, was guilty of a violation of section 398 of the Renal Code of 1910, which provides that ‘No person, by himself or another, shall keep, maintain, employ, or carry on any lottery in this State, or other scheme or device for the hazarding of any money or valuable thing,’ although the metal tokens referred to were plainly marked ‘For amusement only,’ and had no redemption value in money or merchandise.”

2. The above-stated ruling was made by the Supreme- Court in this case in answer to a question certified by this court. See Jenner v. State, 173 Ga. (159 S. E. 564). Under that ruling and the facts of the instant ease, the conviction of the defendant was authorized, and the overruling of the motion for a new trial (based upon the usual general grounds only) was not error.

Judgment affirmed.

Luhe, J., concurs. Bloodworlh, J., absent on account of illness.

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Bluebook (online)

160 S.E. 115, 43 Ga. App. 747, 1931 Ga. App. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenner-v-state-gactapp-1931.

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