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71 Ga. App. 841

32 S.E.2d 435

Duncan v. State

Court of Appeals of Georgia

Decided November 17, 1944

Court of Appeals of Georgia · decided 1944-11-17

Relies on Cole v. State · 68 Ga. App. 820 - Thrasher v. State · Fitzgerald v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1944-11-17

How this case has been cited

Cited by 4 later decisions — most recently September 1976

4 state decisions

101944195019601970decided

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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¶1 ON MOTION FOR REHEARING.

MacIntyre, J.

¶2 1. Going specifically into several of the assignments of error in the certiorari, we state:

¶3 (a) “The purpose of the Code, § 26-6502, 'is To suppress lotteries by making it an offense to maintain or carry on one, or to do. any of the several acts entering into the conduct of such a business; and the statute was framed, doubtless, with a view to reach all persons who might carry on, .or participate in carrying on, the forbidden enterprise.’ ” Walker v. State, 69 Ga. App. 375 (25 S. E. 2d, 587).

¶4 (b) In misdemeanors, all who aid and abet in the commission of the offense are principals. Lewis v. State, 57 Ga. App. 340, 342 (195 S. E. 285).

¶5 (c) The evidence, while circumstantial, authorized a finding that the books, tickets, and adding machine introduced in evidence, were a part of the paraphernalia used by the defendant in playing the lottery game charged in the accusation, and thus that the defendant did some of the several acts entering into the conduct of such lottery business, and participated in carrying on the forbidden enterprise. Mills v. State, supra. See also Thrasher v. State, 68 Ga. App. 820, 823 (24 S. E. 2d, 222).

¶6 2. As we interpret the record, a witness was allowed to answer that in addition to the lottery paraphernalia he found on the day alleged in the accusation, he had, on another occasion and within two years prior to that date, found lottery books and tickets “around the defendant’s place of business.” He described the specific place where he had found them as' follows: “His place is built in there where á bank [of dirt] ' has been' diig out' and *843 there are two or three doors there, and in the back of his place,in back of the drug store, are some boxes built in over gas meters, and we found on two or three different occasions, a number of blank lottery books packed in these gas meters, where you couldn’t: sée them.” This evidence, in connection with other evidence,authorized the jury to find that these tickets were on the premises - of the defendant, or in his possession. The State is not confined to the date alleged in the accusation in proving the crime, but: may prove it as of any date within the period of the statute of limitations (in the instant ease two years).. When the accusation charges the offense generally, the State need not rest its case on: proof of a single transaction, but may prove or attempt to prove any number of transactions of the character charged in the accusation and included within its term. White v. State, 9 Ga. App. 558 (71 S. E. 879). This evidence was admissible as a circumstance in connection with the other proved circumstances in the • case, all of which, when taken together, authorize a finding that the defendant was guilty as charged. Mills v. State (supra). See also Cole v. State, 120 Ga. 485 (48 S. E. 156); Fitzgerald v. State, 51 Ga. App. 636 (181 S. E. 186). This and all other matters in the motion having been considered, the motion for rehearing is Denied.

Broyles, C. J., and Gardner, J., concur.
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