85 Ga. App. 868 | Ga. Ct. App. | 1952
1. In the first amended ground of the defendants’ motion for a new trial, error is assigned on the refusal of the court to compel the State’s witness, police officer C. M. Dixon, on cross-examination, to divulge the names of the persons who had furnished to him the information from which he testified that he had gained the most of his knowledge as to the manner and method of playing and operating a lottery of the kind charged to the defendants. The witness had testified as to the manner in which the game was played, and how it was operated, and stated that he had never played this game nor operated a lottery, but that he had gained most of his knowledge thereof from what persons had told him. He refused to name to the defendants’ counsel the persons furnishing him this information, and the court ruled that he could not be compelled so to do. The defendants excepted to this ruling and also to the testimony given as to the manner and method of conducting the bug or bolita game as being hearsay. While a defendant is entitled to have his counsel thoroughly cross-examine the witnesses against him (Code, § 38-1705), a witness is entitled to be examined only as to relevant matter, and he has a right to be protected from improper questions and from harsh or insulting demeanor. Code, § 38-1704. It is the duty of the trial judge to protect a witness on cross-examination. See Harris v. Central Railroad, 78 Ga. 525 (3) (3 S. E. 355); Loomis v. State, 78 Ga. App. 336 (3b), 351, 352 (51 S. E. 2d, 33). The trial judge has a discretion in controlling the conduct of counsel toward a witness, and its exercise will not be' interfered with unless gross outrage to the defendants appears. Enright v. City of Atlanta, 78 Ga. 288 (4). The defendants were entitled to know whether the prosecuting witness knew the manner and method of operating a lottery from his own knowledge and experience or knew thereof from the information which others had furnished to him as a police officer. However, the names of the persons furnishing this information to the officer were not, in this case, material and relevant. The right to cross-examine the prosecuting witness is not abridged where the court refuses to compel the witness to answer a question which is not relevant to the issue on a trial
The witness here testified that the slips of paper and tickets found in the home of the defendants were lottery tickets and used in the operation of the numbers game, describing the manner in which such lottery is conducted; and also that such form of lottery was at that time being carried on in Thomas County. The witness stated that he obtained his knowledge of the operation of this form of lottery from his experience as a police officer and from what others had told him. The case at bar is not weaker than any of the above line of decisions. The fact that
2. Error is assigned, in special ground 2, on the admission of the so-called lottery slips, sheets, papers, and tickets found by the officers on the table in the home of the defendants, because there was no competent evidence connecting the same with the operation of a lottery, arid they had not been properly identified; as lottery tickets and sheets used in conducting the numbers game or bolita. There is no merit in this ground. The witness Dixon positively identified such documents as being the kind used in the playing and operation of the lottery known as bolita. The fact that the same were blank and had no names thereon is not material here. The witness stated that they were used in the carrying on of bolita.
3. The error assigned in special ground 3 is covered by the rulings made as to special ground 1 in division 1 hereof. The names of the persons furnishing Dixon with information as to how this lottery was conducted were required to impeach him. The case of Ogden v. State, 41 Ga. App. 360, (153 S. E. 94), is not in point. There the character of the defendant had been put in issue, and one testifying that he had been told that the defendant was a bootlegger could be made to state who had told him this.
4. In special grounds 4 and 5 error is assigned on this charge: “Gentlemen, if you believe beyond a reasonable doubt that the defendants on or about the time named in the indictment, did
5. The verdict of guilty as to the defendants was authorized under the evidence and was not contrary to law for any reason. The contention of the defendants that “there is absolutely no evidence as to the existence of a lottery in Thomas County” is without merit. The prosecuting witness testified that the form of lottery, known as the numbers game or bolita, was then being carried on in that county. lie said that the same was worse at the present, March and April, 1951, than it had been for three or four years.
6. It follows that, the verdict being supported by the evidence and not being contrary to law, the court properly overruled the defendants’ motion for a new trial.
Judgment affirmed.