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DANIEL v. STATE

33338.

83 Ga. App. 733 (1951)

64 S.E.2d 690

DANIEL v. THE STATE.

Court of Appeals of Georgia.

Decided April 17, 1951.

Attorney(s) appearing for the Case

James R. Venable, H. C. Morgan, for plaintiff in error.

Paul Webb, Solicitor-General, John I. Kelley, Solicitor, Frank S. French, J. E. Thrift, Charlie O. Murphy, contra.

MacINTYRE, P. J.

The defendant, Jack Daniel, was convicted in the Criminal Court of Fulton County under an accusation charging him with the offense of having maintained and carried on a lottery in Fulton County on November 25, 1949, which is a misdemeanor. He applied to the Superior Court of Fulton County for a writ of certiorari, which was overruled and he excepted.

"The State is not confined to the date alleged in the accusation in proving the crime, but...

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