Izzo v. StateIzzo v. State
- Reporters:
- , ,
- Before:
- Bell
This appeal involves an attack on the constitutionality of
In the instant case, when the police raided the Cobb Nobility Club, a suspected gambling club, the appellants were found therein. Most were sitting around card tables on which playing cards and money were located. Some of the money was in one-hundred-dollar stacks of one dollar bills wrapped in bank bands. The police seized, inter alia, money from the table tops and from the pockets, purses, and briefcases of the people in the club. The state sought the forfeiture of all the money seized during the raid under the provisions of
1. The appellants challenge
The void-for-vagueness doctrine requires that a statute give a person of ordinary intelligence notice of the conduct prohibited, and provide enough specificity so as not to encourage arbitrary and discriminatory enforcement.
Kolender v. Lawson,
It is clear, however, that “ ‘vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand,’ ”
Sustakovitch v. State,
We conclude that
For the foregoing reasons we affirm the trial court’s decision upholding the constitutionality of
2. We also reject the appellants’ argument that the evidence failed to establish that the Nobility Club was a “gambling place” within the meaning of
Judgment affirmed.