Hinton v. State
Supreme Court of Georgia
Criminal Law. Indictment. Evidence. New Trial. Before Judge Clark. City Court of Atlanta. September Term, 1881. Hinton was tried on an accusation charging him with gaming. The body of the accusation was as follows: “That the said Jerry Hinton, in said county of Fulton, on the 24th day of July, 1881, did play and bet for money or other thing of value, at a game of five-up or other game played with cards, contrary to law.”
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Criminal Law. Indictment. Evidence. New Trial. Before Judge Clark. City Court of Atlanta. September Term, 1881. Hinton was tried on an accusation charging him with gaming. The body of the accusation was as follows: “That the said Jerry Hinton, in said county of Fulton, on the 24th day of July, 1881, did play and bet for money or other thing of value, at a game of five-up or other game played with cards, contrary to law.” Defendant demurred to the accusation because it did not state with whom he was playing, nor the specific game, nor for what specific thing of value. The court overruled the…
1Opinion of the Court
Jackson, Chief Justice.
1. We think that the court did not err in overruling the demurrer to the accusation. The offense was gaming. It matters not with whom, or what thing of value played for, nor was it necessary to elect on which game of cards the playing was done. Formerly it was necessary to allege with whom, but then the punishment was greater if with a slave, and the ruling was put on that ground. See 13 Ga., 396; 22 Ib., 101.
2. There was no error in letting in the evidence. The witness swore from memory but aided it by a memorandum, and had the right to do so.
3. The verdict.is…
2Cases cited1 opinion
- Wingard v. StateSupreme Court of Georgia · 1853
3Cited by8 opinions
- State v. TobinWyoming Supreme Court · 1924
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- State v. LightOregon Supreme Court · 1889
- Haley v. StateSupreme Court of Georgia · 1905
- Pines v. StateCourt of Appeals of Georgia · 1914
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