Zachry v. State

Court of Appeals of Georgia

Zachry v. State

30 S.E.2d 784, 71 Ga. App. 323, 1944 Ga. App. LEXIS 351

CourtCourt of Appeals of Georgia

DecidedJune 22, 1944

Docket30570.

StatusPublished

This text of 30 S.E.2d 784 (Zachry 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.

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Zachry v. State, 30 S.E.2d 784, 71 Ga. App. 323, 1944 Ga. App. LEXIS 351 (Ga. Ct. App. 1944).

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Opinion

MacIntyre, J.

The defendant was charged with the operation of a lottery known as the "number game,” and was tried by a jury. The evidence of the character of the lottery and its method of operation was substantially the same as that set out in Cutcliff v. State, 51 Ga. App. 40 (179 S. E. 568). The defendant in his statement to the jury denied any participation in the lottery. He was found guilty; and subsequently his certiorari was denied and overruled in the superior court, and that judgment is assigned as error.

Counsel for the defendant contends that there is not sufficient evidence to sustain the verdict. The evidence for the State authorized the jury to find that the books' found in the defendant’s possession were books used in the operation of the lottery. The defendant introduced no evidence, and his statement to the jury that he had found the books behind a trash box while sweeping a ramp, and had just picked them up when the officer arrived, was evidently rejected by the jury. The evidence authorized the verdict, and the overruling of the certiorari was not error.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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MacIntyre, J.

The defendant was charged with the operation of a lottery known as the "number game,” and was tried by a jury. The evidence of the character of the lottery and its method of operation was substantially the same as that set out in Cutcliff v. State, 51 Ga. App. 40 (179 S. E. 568). The defendant in his statement to the jury denied any participation in the lottery. He was found guilty; and subsequently his certiorari was denied and overruled in the superior court, and that judgment is assigned as error.

Counsel for the defendant contends that there is not sufficient evidence to sustain the verdict. The evidence for the State authorized the jury to find that the books' found in the defendant’s possession were books used in the operation of the lottery. The defendant introduced no evidence, and his statement to the jury that he had found the books behind a trash box while sweeping a ramp, and had just picked them up when the officer arrived, was evidently rejected by the jury. The evidence authorized the verdict, and the overruling of the certiorari was not error.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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30 S.E.2d 784, 71 Ga. App. 323, 1944 Ga. App. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zachry-v-state-gactapp-1944.

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