Grant v. State, 33907
Decision Date | 10 March 1952 |
Docket Number | No. 33907,No. 2,33907,2 |
Citation | 85 Ga.App. 610,69 S.E.2d 889 |
Court | Georgia Court of Appeals |
Parties | GRANT v. STATE |
Syllabus by the Court.
The provisions of the Constitution of Georgia (Code, Ann., § 2-106, Const. art. 1, § 1, par. 6) against compelling an accused to give testimony tending in any manner to incriminate himself will be strictly construed by the court. In the instant case the evidence was procured by the officer compelling the defendant to produce a lottery ticket, and the court committed reversible error in not excluding such evidence from the consideration of the jury.
The defendant was convicted in the Superior Court of Thomas County on a special presentment charging him and Charles Moton with operating a lottery, generally known as the 'numbers game.' He filed an amended motion for new trial, which was overruled, and he excepts.
The State introduced one witness. The defendant introduced no witness, but made a statement in his own behalf. The State's evidence was produced by a witness, C. M. Dixon, who at the time of the arrest of the defendant was on the Police Force of the City of Thomasville, and who, prior to that time, had been a sheriff of Thomas County, Georgia. His evidence was substantially: He knew the defendant, and on March 29, 1951, saw him on Clay Street about 10 p. m. The defendant drove near where the witness was stationed. Charles Moton was driving the defendant's car. The car was stopped in front of a house. The witness was across the street when the car stopped. Grant was sitting in the car. The witness walked to the car and found that the defendant had lottery tickets and some money in his hand. The defendant was counting the money. The witness stood there approximately a minute, when the defendant
On cross-examination, the witness further testified:
The witness explained about the tickets and the manner in which the game was played, including the statement that a player had one chance in a hundred to win. He had no warrant for the arrest of Grant (the defendant), and had not seen Grant committing any crime in his presence. He did not have any search warrant. After receiving the tickets, he went through the defendant's pockets and found $9.18. The witness further testified:
Titus & Altman, and Chas. F. Johnson, all of Thomasville, for plaintiff in error.
J. B. Edwards, Sol. Gen., Thomasville, for defendant in error.
1. We will not discuss the general grounds, since the case may be tried again, and we do not know what the evidence might be.
2. Special grounds 1, 5, 6, and 7 assigned error on a portion of the charge of the court. In setting out this charge as error, it is contended that the judge erred in quoting the indictment in full because, after he read certain portions of the indictment, he charged, in immediate sequence, other words in the indictment as follows, 'And did possess certain...
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Dempsey v. Kaminski Jewelry, Inc., No. A05A2142.
...request for production of documents, when it was clear that documents could be used to prove criminal contempt); Grant v. State, 85 Ga.App. 610, 613-614, 69 S.E.2d 889 (1952) (trial court erred in admitting lottery ticket which defendant was forced to produce). See also Wilson v. State Bar ......
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Hudson v. State
...against compelled self-incrimination was violated include: compelling a suspect to hand over lottery tickets, Grant v. State, 85 Ga.App. 610, 69 S.E.2d 889 (1952); requiring an operator of a motor vehicle to drive it upon scales, Aldrich v. State, 220 Ga. 132, 137 S.E.2d 463 (1964); requiri......