Fleming v. State, 31493.

• Decision Date: 08 March 1947
• Docket Number: No. 31493.,31493.
• Citation: 41 S.E.2d 824
• Parties: FLEMING . v. STATE.
• Court: Georgia Court of Appeals

41 S.E.2d 824

FLEMING .

v.STATE.

No. 31493.

Court of Appeals of Georgia, Division No. 1.

March 8, 1947.

Error from City Court of Savannah; B. B. Heery, Judge.

Julia Fleming was convicted of carrying on a lottery, and she brings error. Judgment affirmed.

James N. Rahal, of Savannah, for plaintiff in error.

Andrew J. Ryan, Jr., Sol. Gen, of Savannah, for defendant in error.

Syllabus Opinion by the Court

MacINTYRE, Judge.

1. The evidence authorized the verdict finding the defendant guilty of the offense of carrying on a lottery in violation of Code, § 26-6502.

2. The accusation charged a violation of Code, § 26-6502, and the evidence authorized a verdict of guilty of the offense as charged. Held: Even if the evidence also authorized a verdict of guilty of a violation of Code, § 26-6501, which violation was not charged in the accusation, it was not error for the trial judge to fail to charge Code, § 26-6501. Mosley v. State, 65 Ga.App. 800, 804, 16 S.E.2d 504; Collins v. State, 66 Ga.App. 325, 328, 18 S. E.2d 24; Carr v. State, 13 Ga. 328; Martin v. State, 123 Ga. 478, 51 S.E. 334.

3. In the instant case it was not error, in the absence of 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 the defendant was charged. Bennett v. State, 49 Ga.App. 804 (4), 176 S.E. 148; Hagood v. State, 5 Ga. App. 80, 87, 62 S.E. 641.

Judgment affirmed.

BROYLES, C. J, and GARDNER, J., concur.