41 S.E.2d 824 | Ga. Ct. App. | 1947
1. The evidence authorized the verdict finding the defendant guilty of carrying on a lottery in violation of the Code, § 26-6502.
2. The accusation charged a violation of § 26-6502, and the evidence authorized a verdict of guilty of the offense as charged. Even if the evidence also authorized a verdict of guilty of violating § 26-6501, which violation was not charged in the accusation, it was not error to fail to charge § 26-6501. Mosley v. State,
3. It was not error, in the absence of a request, to fail to charge that, "In the commission of a crime or misdemeanor, there must be a union or joint act and intention or criminal negligence" (Code, § 26-201), where the court fully charged on the essential elements of the crime with which *865
the defendant was charged. Bennett v. State,
Judgment affirmed. Broyles, C. J., and Gardner, J.,concur.