Hinton v. State

Decided February 15, 1882

Supreme Court of Georgia · decided 1882-02-15

Criminal Law. Indictment. Evidence. New Trial. Before Judge Clark. City Court of Atlanta. September Term, 1881. Hinton was tried on an accusation charging him with gaming.

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Decided 1882-02-15

How this case has been cited

Cited by 7 later decisions — most recently June 1924

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Jackson, Chief Justice.

¶11. We think that the court did not err in overruling the demurrer to the accusation. The offense was gaming. It matters not with whom, or what thing of value played for, nor was it necessary to elect on which game of cards the playing was done. Formerly it was necessary to allege with whom, but then the punishment was greater if with a slave, and the ruling was put on that ground. See 13 Ga., 396; 22 Ib., 101.

¶22. There was no error in letting in the evidence. The witness swore from memory but aided it by a memorandum, and had the right to do so.

¶33. The verdict.is sustained by law and evidence.

¶4Judgment affirmed.