President v. State, 33480
| Decision Date | 13 April 1951 |
| Docket Number | No. 2,No. 33480,33480,2 |
| Citation | 83 Ga.App. 731,64 S.E.2d 596 |
| Parties | PRESIDENT v. STATE |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
An indictment which charges that the defendant 'did have, keep, possess, maintain and control certain lottery tickets, lottery books, lottery ribbons and other lottery articles for the purpose of being used in connection with keeping, maintaining and carrying on a lottery or other scheme or device for the hazarding of money or other thing of value' and which neither names the kind of lottery or the manner of its operation is defective in that it does not sufficiently apprise the defendant of the offense charged.
Gibert President was indicted, tried and convicted of the charge that on July 15, 1951 he 'did have, keep, possess, maintain and control certain lottery tickets, lottery books, lottery ribbons and other lottery articles for the purpose of being used in connection with keeping, maintaining and carrying on a lottery or other scheme or device for the hazarding of money or other things of value.' He filed general and special demurrers on the grounds that the indictment fails to set forth the particular facts constituting the alleged offense so as to enable the defendant to prepare for trial; that it does not set forth with particularity what scheme or device was employed, and that it is vague and indefinite and insufficient to put the defendant on notice as to what kind of lottery is sought to be charged. Other special demurrers attacked the words 'lottery books', 'lottery ribbons' and 'other lottery articles' on like grounds. The demurrers were overruled on every ground. The exceptions are to this judgment and to the judgment overruling the motion for a new trial.
Titus & Altman, Thomasville, for plaintiff in error.
J. B. Edwards, Sol. Gen., Thomasville, for defendant in error.
The language of the indictment indicates that it was intended to be drawn under Code, § 26-6502 which makes it a misdemeanor for any person to 'keep, maintain, employ, or carry on any lottery or other scheme or device for the hazarding of any money or [other] valuable thing.' It will be noted that the indictment here does not charge the defendant with keeping a lottery, maintaining a lottery, employing or carrying on any lottery or other scheme or device for the hazarding of any money or other valuable thing. It charges the defendant with having, keeping, possessing, maintaining and controlling certain lottery tickets, lottery books, lottery ribbons and other lottery articles for the purpose of...
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State v. Albarty
...short of the rules of pleading in another aspect. It does not describe the character of the lottery with definiteness. President v. State, 83 Ga.App. 731, 64 S.E.2d 596. The verdict must be interpreted in the light of the criminal complaint because the jury found 'the defendant guilty of lo......
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D'AURIA v. State
...variety" of body parts, it cannot be said that the accusation fails to apprise appellant of the offense charged. See President v. State, 83 Ga.App. 731, 64 S.E.2d 596 (1951), where the Court of Appeals held that use of the word "lottery" in an indictment was not sufficient because "lottery"......
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Ramsey v. State, 33895
...general terms as in the definition of the crime, but it must state the particular offense intended to be charged. See President v. State, 83 Ga.App. 731, 64 S.E.2d 596. However, the accusation here which charges specifically the lottery maintained is sufficient. See Johnson v. State, 54 Ga.......
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Thomas v. State, 33908
...guilty.' Under the evidence this charge was not error for any reason assigned, but was correct and applicable. In President v. State, 83 Ga.App. 731, 64 S.E.2d 596, there was a special demurrer to the indictment, and this court reversed the trial judge, holding that an indictment, drawn und......