Wall v. State

Court of Appeals of Georgia

Wall v. State

24 S.E.2d 152, 68 Ga. App. 764, 1943 Ga. App. LEXIS 345

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1943

Docket29927.

StatusPublished

This text of 24 S.E.2d 152 (Wall 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

Wall v. State, 24 S.E.2d 152, 68 Ga. App. 764, 1943 Ga. App. LEXIS 345 (Ga. Ct. App. 1943).

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Opinion

Gardner, J.

The evidence revealed that the defendant lived on an alley. A short distance back of his dwelling was an outhouse. The officers had on previous occasions been to the defendant’s home, where they found no evidence of defendant being connected with the lottery game, but did find evidence in the outhouse, which defendant denied any connection with. On this particular occasion the officers concealed themselves near the outhouse. The defendant went to or near the outhouse, procured a lottery book, and wrote a ticket for 11 cents, tore it out of the book and delivered it to a negro boy. The defendant placed the lottery book in a stove *765 pipe and covered it with rubbish. At this point the officers arrested defendant, procured the concealed book, and also procured the ticket from the negro boy. This evidence, together with other evidence as to the existence of the lottery game, generally known-as the “number game,” being in operation in Fulton County, and the evidence seized representing means and methods by which the-game is played, was sufficient to sustain the verdict. The exceptions are based on the general grounds only. The court did not err in overruling the certiorari.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Gardner, J.

The evidence revealed that the defendant lived on an alley. A short distance back of his dwelling was an outhouse. The officers had on previous occasions been to the defendant’s home, where they found no evidence of defendant being connected with the lottery game, but did find evidence in the outhouse, which defendant denied any connection with. On this particular occasion the officers concealed themselves near the outhouse. The defendant went to or near the outhouse, procured a lottery book, and wrote a ticket for 11 cents, tore it out of the book and delivered it to a negro boy. The defendant placed the lottery book in a stove *765 pipe and covered it with rubbish. At this point the officers arrested defendant, procured the concealed book, and also procured the ticket from the negro boy. This evidence, together with other evidence as to the existence of the lottery game, generally known-as the “number game,” being in operation in Fulton County, and the evidence seized representing means and methods by which the-game is played, was sufficient to sustain the verdict. The exceptions are based on the general grounds only. The court did not err in overruling the certiorari.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Bluebook (online)

24 S.E.2d 152, 68 Ga. App. 764, 1943 Ga. App. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-v-state-gactapp-1943.