27 S.E.2d 100 | Ga. Ct. App. | 1943
The defendant was found guilty of participating in a lottery known as the "number game." The jury was authorized to find that the 272 separate, original, yellow lottery tickets contained over one thousand separate purchases of lottery chances, written by "writers" in the "number game;" that these tickets were a part of the paraphernalia used in the playing of the lottery game as described in the evidence; and that the defendant participated in the playing of this game in the capacity of a "pick-up man." The evidence authorized the verdict.
The Code, § 26-6502, declares: "Any person who, by himself or another, shall keep, maintain, employ, or carry on any lottery or *869
other scheme or device for the hazarding of any money or valuable thing, shall be guilty of a misdemeanor." Under this section, any one who participates in the illegal design and in the execution of the illegal purpose of carrying on the lottery is a criminal. It was the purpose of the act "to suppress lotteries by making it an offense to maintain or carry on one, or to do any of the several acts entering into the conduct of such a business; and the statute was framed, doubtless, with a view to reach all persons who might carry on, or participate in carrying on, the forbidden enterprise." Henderson v. State,
The evidence for the State showed, in part: That an officer went to 321 Frazier Street at 12:50 p. m., and as he went through the front door, he saw Will (the defendant) standing in the back yard, at the back porch, with these thirteen lottery books, which constituted the day's business, clipped together in his hand. The defendant made an attempt to run and the officer "grabbed him. In his hand were the thirteen books of original lottery tickets, thirteen `writers' included in a package. Those thirteen batches of lottery tickets, designated as State's exhibit A, that I call books, are original lottery books used in the `number game'. . . As to what the defendant said about these tickets, the only thing he said was that they were his."
The jury was authorized to find that these books were a part of the paraphernalia used in the playing of the lottery game as described in the evidence, and that the defendant participated in the playing of this game in the capacity of a "pick-up man."Morrow *870
v. State,
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.