Keeney v. State

• Court: Georgia Court of Appeals
• Writing for the Court: GUERRY
• Citation: Keeney v. State, 54 Ga. App. 239, 187 S.E. 592 (Ga. App. 1936)
• Decision Date: 16 September 1936
• Docket Number: No. 25812.,25812.
• Parties: KEENEY. v. STATE.

54 Ga.App. 239

187 S.E. 592

KEENEY.

v.STATE.

No. 25812.

Court of Appeals of Georgia, Division No. 1.

Sept. 16, 1936.

Syllabus by the Court.

It is illegal in this state to operate a lottery. The licensing and taxing of a vending machine will not prevent the prosecution of the operator, where the machine in the manner operated constitutes a lottery. The court did not err in overruling the motion in arrest of judgment, or the motion for new trial, for any reason assigned.

Error from City Court of Richmond County; Gordon W. Chambers, Judge.

W. E. Keeney was convicted of carrying on a lottery, and he brings error.

Affirmed.

George G. Finch and Wm. G. McRae, both of Atlanta, for plaintiff in error.

W. Inman Curry, Sol., of Augusta, for the State.

GUERRY, Judge.

W. E. Keeney was convicted in the city court of Richmond county upon an accusation charging the offense of carrying on a lottery. The accusation contained two counts. Count 1 charged that the defendant did "keep, maintain, employ, and carry on a lottery, and did operate for gain a machine or mechanical device whereby a coin of five-cent denomination was inserted in said machine and a lever pulled, which caused certain wheels to revolve and the player or person insertinginto the machine the five cents coin would on some occasions receive nothing and on other occasions one or more tokens of the value of five cents each, which said tokens could be used in replaying said machine or device, or could be exchanged for merchandise of the value of said token or tokens." Count 2 charged defendant with carrying on a lottery by the operation of a machine of similar description as contained in count 1, and that the "player or person inserting into the machine the five-cents coin would at his or her option receive a package of mints, and on some occasions one or more tokens of the value of five cents each, which said tokens could be used in replaying said machine or device or could be exchanged for merchandise of the value of said token or tokens." The operation of the machines was proved as alleged in the accusation. However, the evidence of the defendant disclosed that before the operation of these machines he had registered with the ordinary of Richmond county for the conduct of the business of operating such machines, and had paid the required license tax imposed by paragraph 47 A of section 2 of the general tax act of 1935 (Ga.Laws 1935, pp. 11, 12, 33, 42, 43) and had also paid the license tax as the operator or owner of a mint or merchandise check-vending machine in accordance with the same act, paragraph 71 (e). The defendant contends that because of these facts he cannot be prosecuted for the operation of these machines. Paragraph 47A of the act just cited is as follows: "Devices, Cane-Racks, Shooting Galleries, Machine Games, etc. Upon each person, firm, or corporation operating for gain any shooting gallery, or target range, or both, where firearms are used for firing at a target or targets; and upon each person, firm, or corporation operating for gain any table, stand, machine, or place for mechanical games not prohibited by law, and/or any rack or boots or devices for pitching or throwing at canes, knives, articles or other things of value, with rings or balls or other method; and upon each...