South v. State

Court of Appeals of Georgia

South v. State

24 S.E.2d 416, 68 Ga. App. 835, 1943 Ga. App. LEXIS 376

CourtCourt of Appeals of Georgia

DecidedJanuary 22, 1943

Docket29906.

StatusPublished

Cited by1 cases

This text of 24 S.E.2d 416 (South 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

South v. State, 24 S.E.2d 416, 68 Ga. App. 835, 1943 Ga. App. LEXIS 376 (Ga. Ct. App. 1943).

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Opinion

Broyles, C. J.

1. The evidence authorized the defendant’s conviction of operating a lottery, known as the “number game,” for the hazarding of money.

2. During the trial the State introduced a previous accusation, dated in 1937, charging B. E. South with offense of operating the “number-game” lottery, together with the defendant’s plea and sentence. The evidence was objected to on the following grounds only: “Because the accusation places the defendant’s character in evidence; because there is no evidence directly or indirectly illustrating this accusation and charge now before the court and jury, and it is therefore irrelevant, immaterial, incompetent and inadmissible, and I further object to it as being too remote and having no connection with the one now before the court.” The evidence was not inadmissible for any of the reasons assigned.

3. The other assignments of error in the petition for certiorari show no cause for a new trial; and the overruling of the certiorari was not error.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

1. The evidence authorized the defendant’s conviction of operating a lottery, known as the “number game,” for the hazarding of money.

2. During the trial the State introduced a previous accusation, dated in 1937, charging B. E. South with offense of operating the “number-game” lottery, together with the defendant’s plea and sentence. The evidence was objected to on the following grounds only: “Because the accusation places the defendant’s character in evidence; because there is no evidence directly or indirectly illustrating this accusation and charge now before the court and jury, and it is therefore irrelevant, immaterial, incompetent and inadmissible, and I further object to it as being too remote and having no connection with the one now before the court.” The evidence was not inadmissible for any of the reasons assigned.

3. The other assignments of error in the petition for certiorari show no cause for a new trial; and the overruling of the certiorari was not error.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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24 S.E.2d 416, 68 Ga. App. 835, 1943 Ga. App. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-v-state-gactapp-1943.

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