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Hightower v. State

Court of Appeals of Georgia
Sep 20, 1940
10 S.E.2d 765 (Ga. Ct. App. 1940)

Opinion

28576.

DECIDED SEPTEMBER 20, 1940.

Certiorari; from Fulton superior court — Judge Virlyn B. Moore. May 23, 1940.

Russell G. Turner, for plaintiff in error.

Bond Almand, solicitor, John A. Boykin, solicitor-general, J. W. LeCraw, contra.


The evidence in the instant case authorized the verdict finding the defendant guilty of the offense of operating a lottery, and the judge did not err in overruling the certiorari. The case is distinguishable from Bailey v. State, 60 Ga. App. 556 ( 4 S.E.2d 409), where the lottery tickets were found only in a room; and the defendant being married and living with her husband, the evidence did not exclude the reasonable hypothesis that the lottery was the act of her husband; whereas in the instant case the tickets were found in her personal possession. The evidence authorized the verdict. Morrow v. State, 62 Ga. App. 718 ( 9 S.E.2d 699).

Judgment affirmed. Broyles, C. J., and Gardner, J., concur.

DECIDED SEPTEMBER 20, 1940.


Summaries of

Hightower v. State

Court of Appeals of Georgia
Sep 20, 1940
10 S.E.2d 765 (Ga. Ct. App. 1940)
Case details for

Hightower v. State

Case Details

Full title:HIGHTOWER v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 20, 1940

Citations

10 S.E.2d 765 (Ga. Ct. App. 1940)
63 Ga. App. 265

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