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McDAY v. STATE

39284.

105 Ga. App. 678 (1962)

125 S.E.2d 534

McDAY v. THE STATE.

Court of Appeals of Georgia.

Decided April 3, 1962.

Attorney(s) appearing for the Case

John L. Respess, Jr., for plaintiff in error.

Paul Webb, Solicitor-General, John I. Kelley, Solicitor, Hinson McAuliffe, Eugene L. Tiller, contra.

FRANKUM, Judge.

John McDay was convicted and sentenced in the Criminal Court of Fulton County on each count of a two-count accusation. The first count charged: ". . . That the said John McDay . . . on the 2nd day of September 1957 did keep, maintain and operate a lottery known as the number game, for the hazarding of money, the date herein alleged being an essential averment as to the offense charged. . ." The second count is the same except that it alleges that the...

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