Summary
In Morrow v. State, 63 Ga. App. 264 (10 S.E.2d 762) cited by the State, tickets were found under the seat of the defendant's car, the defendant contending that the tickets did not belong to him but that he had loaned the car to another person.
Summary of this case from James v. StateOpinion
28541.
DECIDED SEPTEMBER 20, 1940.
Certiorari; from Fulton superior court — Judge Virlyn B. Moore. May 14, 1940.
Russell G. Turner, for plaintiff in error.
Bond Almand, solicitor, John A. Boykin, solicitor-general, J. W. LeCraw, contra.
William Morrow was arrested on August 14, 1939, about one o'clock p. m., driving an automobile under the seat of which were found numerous lottery tickets bearing that date. In his statement at the trial he denied that he knew the tickets were in the car, stating that he had loaned the car to another person. The evidence was sufficient to authorize the verdict finding the defendant guilty of the offense of operating a lottery, and the judge did not err in overruling the certiorari. Ransome v. State, 53 Ga. App. 490 ( 186 S.E. 436); Turk v. State, 55 Ga. App. 732 ( 191 S.E. 283). The case is distinguished on its facts from Bailey v. State, 60 Ga. App. 556 ( 4 S.E.2d 409).
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.