South v. State, 29906.

• Decision Date: 22 January 1943
• Docket Number: No. 29906.,29906.
• Citation: 24 S.E.2d 416
• Parties: SOUTH . v. STATE.
• Court: Georgia Court of Appeals

24 S.E.2d 416

SOUTH .

v.STATE.

No. 29906.

Court of Appeals of Georgia,

Division No. 1.

Jan. 22, 1943.

Rehearing Denied Feb. 20, 1943.

Error from Superior Court, Fulton County; Edgar E. Pomeroy, Judge.

Bonnie South was convicted of operating a lottery known as the "number game", and she brings error.

Affirmed.

J. L. Barwick and Russell G. Turner, both of Atlanta, for plaintiff in error.

John A. Boykin, Sol. Gen., Bond Al-mand, Sol., Durwood T. Pye, and Lindley W. Camp, Sol., all of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

BROYLES, Chief Judge.

1. The evidence authorized the defendant's conviction of operating a lottery, known as the "number game, " for the hazarding of money.

2. During the trial the State introduced a previous accusation, dated in 1937, charging B. E. South with the offense of operating the "number-game" lottery, together with the defendant's plea and sentence. The evidence was objected to on the following grounds only: "Because the accusation places the defendant's character in evidence; because there is no evidence directly or indirectly illustrating this accusation and charge now before the court and jury, and it is therefore irrelevant, immaterial, incompetent and inadmissible, and I further object to it as being too remote and having no connection with the one now before the court." The evidence was not inadmissible for any of the reasons assigned.

3. The other assignments of error in the petition for certiorari show no cause for a new trial; and the overruling of the certiorari was not error.

Judgment affirmed.

MacINTYRE and GARDNER, JJ., concur.