Doe v. State, 290 Ga. 667

Doe stole ~65 scratch-off lottery tickets from a dispenser at TimeSaver #86, Glennville, GA, by leaning over the counter and tearing tickets without paying, then scratched them to check for prizes and discarded them when unsuccessful.
He was indicted for Falsely Uttering a State Lottery Ticket under OCGA § 50-27-27(b), alleging intent to influence lottery prizes by tampering with materials.
A jury convicted him as a recidivist and sentenced him to five years; the Court of Appeals affirmed.
This Court granted certiorari to determine whether ticket theft from a dispenser could constitute tampering under OCGA § 50-27-27.
The Court holds that the statute’s plain meaning and legislative purpose support finding tampering here, affirming the conviction.
The decision emphasizes constraining the statute to meaningfully advance lottery integrity and revenues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does theft of lottery tickets from a dispenser count as tampering under OCGA § 50-27-27(b)?	Doe argues no tampering under the statute.	State contends tearing and scratching tickets constitutes tampering.	Yes, it constitutes tampering.
How should OCGA § 50-27-27(b) be construed in light of legislative intent?	Plain meaning should govern to avoid surplusage.	Interpretation should align with intent to maximize revenues and integrity.	Plain language with legislative intent supports the tampering finding.

Slakman v. Continental Cas. Co., 277 Ga. 189 (Ga. 2003) (statutory construction emphasis and legislative intent)
Doyle v. State, 148 S.W.3d 611 (Tex. App. 2004) (tampering with lottery equipment statute interpretation)
Andrews v. State, 8 Ga. App. 700 (Ga. App. 1911) (statutory interpretation against emasculating purposes)