Thweatt v. State

Court of Appeals of Georgia

Thweatt v. State

172 S.E. 810, 48 Ga. App. 389, 1934 Ga. App. LEXIS 83

CourtCourt of Appeals of Georgia

DecidedFebruary 2, 1934

Docket23774

StatusPublished

Cited by7 cases

This text of 172 S.E. 810 (Thweatt 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

Thweatt v. State, 172 S.E. 810, 48 Ga. App. 389, 1934 Ga. App. LEXIS 83 (Ga. Ct. App. 1934).

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Opinion

Broyles, C. J.

The defendant was tried in the criminal court of Atlanta for violating the lottery laws of Georgia. The indictment contained two counts, and the jury found him guilty on both counts. Count 1 charged him with keeping, maintaining, and carrying on a lottery, by selling tickets which represented chances on prizes in the lottery, known and designated as “the number game.” Count 3 charged him with selling and furnishing to persons, whose names were unknown to the grand jury, for a valuable consideration, lottery tickets representing chances in a lottefy which was a scheme and device for the hazarding of money, the lottery -being known as “the number game.” Certain testimony of two policemen, describing the way in which “the number' game” was operated, was objected to by the defendant on the ground that it was hearsay evidence. Under the ruling in Sable v. State, 48 Ga. App. 174 (172 S. E. 236), the testimony was properly admitted. The evidence, while circumstantial, was sufficient to exclude every reasonable hypothesis save that of the guilt of the accused, and authorized his conviction on both counts of the indictment. It follows that the judge of the superior court did not err -in overruling the certiorari.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

The defendant was tried in the criminal court of Atlanta for violating the lottery laws of Georgia. The indictment contained two counts, and the jury found him guilty on both counts. Count 1 charged him with keeping, maintaining, and carrying on a lottery, by selling tickets which represented chances on prizes in the lottery, known and designated as “the number game.” Count 3 charged him with selling and furnishing to persons, whose names were unknown to the grand jury, for a valuable consideration, lottery tickets representing chances in a lottefy which was a scheme and device for the hazarding of money, the lottery -being known as “the number game.” Certain testimony of two policemen, describing the way in which “the number' game” was operated, was objected to by the defendant on the ground that it was hearsay evidence. Under the ruling in Sable v. State, 48 Ga. App. 174 (172 S. E. 236), the testimony was properly admitted. The evidence, while circumstantial, was sufficient to exclude every reasonable hypothesis save that of the guilt of the accused, and authorized his conviction on both counts of the indictment. It follows that the judge of the superior court did not err -in overruling the certiorari.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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172 S.E. 810, 48 Ga. App. 389, 1934 Ga. App. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thweatt-v-state-gactapp-1934.

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