Wilson v. The State Of Ga.
| Decision Date | 30 September 1881 |
| Citation | 67 Ga. 658 |
| Parties | Wilson . vs. the State of Georgia. |
| Court | Georgia Supreme Court |
Criminal Law. Lotteries. Charge of Court. Before Judge Clark. City Court of Atlanta. March Term, 1881.
Wilson was indicted and was tried in the city court of Atlanta. The indictment contained two counts, one for selling lottery tickets, the other for keeping and maintaining a lottery and other scheme or device for the hazarding of money or other valuable thing. The evidence was all aimed at the establishment of the second count. It tended to show that the defendant kept an office or shop in which were certain numbers, running from 1 to 78; that persons would go into the office, select a number or numbers, and pay defendant for them. No ticket passed, but each party made a memorandum of the numbers selected. It was understood that the headquarters or lottery which determined the chances was located in Mobile, Ala. The defendant received telegrams from that point, and thereupon would pay over money to the holders of certain numbers, the others being losers.
The court instructed the jury as set out in the second division of the decision; and also, after stating to themthat, there being no evidence of the carrying on of a lot. tery by defendant, they could not convict of that, but were remitted to the consideration of the other branch of the case, charged them that if they should find the defendant guilty, they should say: "We, the jury, find the defendant guilty of the scheme or device for the hazarding of money.\' He referred them to the indictment for the exact language, and charged them that "and" and "or" in such a case were the same.
The jury found the defendant guilty, shaping their verdict in accordance with this last charge. Defendant moved for a new trial, assigning error in each of these rulings.
The motion was overruled, and defendant excepted.
W. T. NEWMAN, for plaintiff in error.
W. D. Ellis, solicitor city court, by brief, for the state.
The indictment contained two counts, one for selling lottery tickets, and the other for unlawfully keeping and carrying on a lottery and other scheme or device for the hazarding of money and other valuable thing.
The defendant was found guilty of the latter offense and brings the case here, alleging as error the refusal of the circuit court to giant him a new trial.
1. It was not error in the court to instruct the jury in regard to the form of their verdict, if they should find the defendant guilty. It was the duty of the court so to instruct them in this case; because if he were guilty at all it was of the offense of maintaining and keeping a scheme or device for hazarding money, which the court instructed to the effect that he was guilty of, if of any crime at all. There was no proof that he had sold lottery tickets or carried on a lottery but the proof was all aimed at the point that he did keep and carry on...
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Hobbs v. K. & S. Sales Co.
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