Walker v. State

Defendant was convicted of three counts charging him with violation of the lottery *131laws. Defendant contends that the court erred in denying his motion for directed verdict of acquittal. Based upon our review of the evidence in the record we are of the opinion that the state failed to make a prima facie case and the motion for directed verdict should have been granted.

The state’s evidence of possession of lottery tickets, lottery paraphernalia and assisting in the conduct of a lottery was circumstantial arid based on the fact that defendant resided on the premises wherein the contraband was…