Whatley v. State

Banke, Presiding Judge.

The appellant was convicted of gambling, commercial gambling, possession of more than an ounce of marijuana, and possession of a firearm by a convicted felon. He appeals from the denial of his motion for new trial. Held:

1. The appellant asserts that the commercial gambling conviction was not supported by the evidence and that the trial court thus erred in denying his motion for a directed verdict on this count. The appellant was charged with violating OCGA § 16-12-22 by “intentional[ly] operating] and participating] in the earnings of a gambling place.” The term…