Morris v. State

Court of Appeals of Georgia

Morris v. State

7 S.E.2d 88, 61 Ga. App. 623, 1940 Ga. App. LEXIS 197

CourtCourt of Appeals of Georgia

DecidedFebruary 5, 1940

Docket28074.

StatusPublished

Cited by1 cases

This text of 7 S.E.2d 88 (Morris 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

Morris v. State, 7 S.E.2d 88, 61 Ga. App. 623, 1940 Ga. App. LEXIS 197 (Ga. Ct. App. 1940).

Pincite

Opinion

Broyles, C. J.

The defendant was convicted of operating a lottery known as the “number game.” The undisputed evidence showed that on November 18, 1938, the arresting officers found the accused sitting on the driver’s seat of an automobile. He was alone in the car. They found concealed on the floor of the car and un *624 der the driver’s seat two sacks containing 405 lottery tickets, all dated November 18, 1938, 11 of them being white tickets, and 394 being yellow tickets. The tickets were identified by the officers, and were admitted in evidence. An officer testified that after finding the tickets .he asked the accused what he was going to do with them, and he replied that he was going to put them in the field “for a man to pick up.” The officer further testified: “I asked him ‘What field?’ and he never would tell me. I said,• ‘Is this all you’ve got?’ and he said, ‘Yes, it is.’” Under the ruling in Smith v. State, 57 Ga. App. 801 (196 S. E. 927), and Cutcliff v. State, 51 Ga. App. 40 (179 S. E. 568), the defendant’s conviction was amply authorized, and none of the assignments of error in the petition for certiorari shows cause for another hearing of the case. The overruling of the certiorari was not error.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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

Broyles, C. J.

The defendant was convicted of operating a lottery known as the “number game.” The undisputed evidence showed that on November 18, 1938, the arresting officers found the accused sitting on the driver’s seat of an automobile. He was alone in the car. They found concealed on the floor of the car and un *624 der the driver’s seat two sacks containing 405 lottery tickets, all dated November 18, 1938, 11 of them being white tickets, and 394 being yellow tickets. The tickets were identified by the officers, and were admitted in evidence. An officer testified that after finding the tickets .he asked the accused what he was going to do with them, and he replied that he was going to put them in the field “for a man to pick up.” The officer further testified: “I asked him ‘What field?’ and he never would tell me. I said,• ‘Is this all you’ve got?’ and he said, ‘Yes, it is.’” Under the ruling in Smith v. State, 57 Ga. App. 801 (196 S. E. 927), and Cutcliff v. State, 51 Ga. App. 40 (179 S. E. 568), the defendant’s conviction was amply authorized, and none of the assignments of error in the petition for certiorari shows cause for another hearing of the case. The overruling of the certiorari was not error.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

7 S.E.2d 88, 61 Ga. App. 623, 1940 Ga. App. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-state-gactapp-1940.

Opinion

Related

Cite This Page — Counsel Stack