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66 Ga. App. 653

19 S.E.2d 52

Lemon v. State

Court of Appeals of Georgia

Decided February 25, 1942

Court of Appeals of Georgia · decided 1942-02-25

Cited by 6 later decisions — most recently November 1979

6 state decisions

Key passage — most relied on by later courts

“As to the two 'lottery’ tickets found by the officers in the pocket of the apron which the defendant was wearing while ironing clothes, the evidence did not exclude every reasonable hypothesis save that of the guilt of the accused. Conceding that they were lottery tickets, their possession was thoroughly consistent with the innocence of the accused. The tickets, according to their indicia, were such as might have represented her own purchases, or purchases to be made.” The state’s allegations that a conspiracy existed adds nothing.”

quoted by 1 later decision, including Hartley v. State

Relies on Broome v. Davis · 22 Ga. App. 111 - Young v. State · Burford v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1942-02-25

View the full empirical analysis of this case →

Gardner, J.

¶1 1. Whatever may have been the character of the alleged “lottery” book in question, it nevertheless appeared that the book was found in a dresser drawer in the house of the husband, and not on the person of the defendant wife, or in her possession, or in any possession which might be traceable to her. In such case the presumption was that the possession was that of the husband. Bailey v. State, 60 Ga. App. 556 (4 S. E. 2d, 409); Dailey v. State, 58 Ga. App. 401 (198 S. E. 791); Young v. State, 22 Ga. App. 111 (95 S. E. 478); Broome v. Davis, 87 Ga. 584 (13 S. E. 749). While this presumption was rebuttable, there was no evidence whatever submitted in rebuttal.

¶2*654 2. As to the two “lottery” tickets found by the officers in the pocket of the apron which the defendant was wearing while ironing clothes, the evidence did not exclude every reasonable hypothesis save that of the guilt of the accused. Conceding that they were lottery tickets, their possession was thoroughly consistent with the innocence of the accused. The tickets, according to their indicias, were such as might have represented her own purchases, or purchases to be made. Our view is further supported by the statement of the defendant that she could not read or write, which the State did not challenge.

¶3 Judgment reversed.

Broyles, 0. J., and McIntyre, J., concur.
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