FLEMING v. STATE

36527.

95 Ga. App. 3 (1957)

96 S.E.2d 554

FLEMING v. THE STATE.

Court of Appeals of Georgia.

Decided January 22, 1957.


Attorney(s) appearing for the Case

Lewis, Wylly & Javetz, for plaintiff in error.

Andrew J. Ryan, Solicitor, Sylvan A. Garfunkel, Thomas M. Johnson, Jr., contra.


TOWNSEND, J.

While conviction for the offense of keeping and maintaining a lottery may be had on circumstantial evidence, such evidence should be so clear and concise as to exclude every other reasonable hypothesis save that of the guilt of the accused. Ball v. State, 72 Ga.App. 45 (32 S.E.2d 912); Chandler v. State, 63 Ga.App. 304 (11 S.E.2d 103). Where, as here, the only evidence tending to connect the defendant with a lottery is that...

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