83 Ga. App. 249 | Ga. Ct. App. | 1951
The defendants, Bennie Goldwire and Mildred Goldwire, were tried together under an accusation which charged that they “did unlawfully keep, maintain, employ and carry on a certain scheme and device for the hazarding of money other than a lottery, said scheme and device being known as and called 'Bolita’.” Both defendants were convicted. They made identical motions for a new trial, based upon the usual grounds and one special ground. The motions were overruled and the defendants excepted.
1. In special ground 1 of the motions for a new trial, error is assigned “because the court erred in failing to admit all of the papers found in the premises of movant when a portion of the same was introduced by the State and when movant proffered the remaining papers to explain the two introduced by the State.” The following “Rulings of the Court” appears in the record at page 10-% immediately preceding the brief of evidence: “Mr. Garfunkel [Solicitor]: We would like to introduce
Under the general grounds, the defendants contend that the evidence did not support the verdict and was therefore contrary to law in that the accusation charged the defendants with one crime and that if any crime was committed, all the evidence shows that it was not the crime charged in the indictment; or, to state the contention more concretely, the defendants contend that since the accusation charged the defendants with keeping, maintaining, employing, and carrying on a scheme and device for the hazarding of money “other than a lottery,” known as bolita, and, that since bolita is a lottery, proof that the defendants were engaged in keeping, carrying on, and maintaining a bolita scheme or device does not support the allegations of the accusation.
The act of 1877 (Ga. L. 1877, ,p. 112) from which Code § 26-6502 was codified provides: “That it shall not be lawful for any person, or persons, either by themselves, servants, agents, employees, or others, to keep, maintain, employ, or carry on any lottery in this State, or other scheme or device for the hazarding of any money or valuable thing: Provided, that nothing herein
Judgment affirmed.