State v. FERGUSON

Henderson, Acting Associate Justice.

There are two counts in the indictment in this case. In one the appellants, George W. Ferguson and D. O. Spires, with seventeen other persons, are charged with conspiring to set up a numbers lottery. In the second count the same defendants are charged with setting up a lottery in violation of section 1231 of the Code. Sixteen of the defendants plead guilty, the case against one was withdrawn from the jury, and the two appellants were tried. Furguson was found guilty under both counts. Spires was convicted under the conspiracy charge only.

The first nine…