State v. Addy, 15947.

Citation42 S.E.2d 585
Decision Date14 May 1947
Docket NumberNo. 15947.,15947.
CourtUnited States State Supreme Court of South Carolina
PartiesSTATE. v. ADDY.

42 S.E.2d 585

STATE.
v.
ADDY.

No. 15947.

Supreme Court of South Carolina.

May 14, 1947.


[42 S.E.2d 585]

Appeal from General Sessions Circuit Court of Richland County; Philip H. Stoll, Judge.

James C. Addy, alias Doug Jim Addy, was convicted of the offense of operating a lottery, and he appeals.

Judgment affirmed.

J. A. Hutto and Kenneth R. Kreps, both of Columbia, for appellant.

T. P. Taylor, Sol, of Columbia, for respondent.

FISHBURNE, Justice.

The defendant was convicted upon an indictment charging him with the operation of a lottery or "Numbers" game, in violation of Section 1231, 1942 Code. He of fered no testimony, and upon close of the evidence introduced by the state he moved for the direction of a verdict of not guilty, which was overruled. His appeal is from this order, and from certain rulings in connection with the admission of testimony.

The record shows that three or four detectives went to the home of Rosa Lorick (a negro), on Wayne Street in the city of Columbia, between seven and eight o'clock on the night of August 26, 1946, for the purpose of apprehending the appellant, James C. Addy, whom they suspected of conducting what is commonly known as the "Numbers" racket. They found her at home, darkened the house, secreted themselves therein, and awaited the arrival of the appellant. When he walked upon the front porch one of the officers opened the screen door and seized him, whereupon he quickly threw to one end of the porch a small black bag which he had in his hand. This bag when opened by the officers was found to contain two adding machine slips, one of which showed a total of $16.19 with figures in pencil deducted therefrom, indicating a balance of $8.65. The other showed a total of $16.80, with figures in pencil subtracted therefrom, indicating a balance of $12.60. Upon searching the person of the appellant the officers discovered and took from him $115.00 in currency and eighteen cents in coins, all of which was offered in evidence.

Rosa Lorick, who was charged in a separate indictment with the same offense, and who was an admitted accomplice of the defendant in operating the lottery, testified for the state under a promise from the solicitor that if she would tell the truth he would recommend probation in her case, which is a practice not infrequently followed in criminal cases. 22 C.J.S, Criminal Law, § 46, page 105; 22 C.J.S, Criminal Law, §§ 805, 808, at pages 1381 and 1387.

When searching her house on the night of August 26th, the...

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