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66 Ga. App. 667

19 S.E.2d 167

Alexander v. State

Court of Appeals of Georgia

Decided February 27, 1942

Court of Appeals of Georgia · decided 1942-02-27

Relies on 63 Ga. App. 468 - Ealey v. State

Decided 1942-02-27

*668 Gardner, J.

¶1 1. Evidence showing that the defendant, riding a bicycle at the time, had stuffed in his pockets when the officers arrested him thirtjf-two books of lottery tickets, was sufficient, when taken with other evidence of the operation of the “number game” on that date, to support a conviction of the offense of operating a lottery (Ealey v. State, 63 Ga. App. 468, 11 S. E. 2d, 494); especially where, as in this case, the defendant admitted that he had been “picking up” for eighteen months. The charge was not rebutted by his statement, if taken as true, that in the particular instance another boy asked him to take the books to a certain street corner, and that a man would be there in a Eord car to receive them.

¶2 2. The special assignment of error as to the admission of certain evidence with reference to “ Tickets’ identified as 'State’s exhibit No. 1’ ” is without merit.

¶3 3. The court did not err in overruling the certiorari.

¶4 Judgment affirmed.

Broyles, C. J., and¡ MacIntyre, J., concur.
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