Legal Opinion

Kolshorn v. State

Supreme Court of Georgia

Decided October 21, 1895PublishedCited by 18 opinions

Indictment for misdemeanor. Before Judge MacDon•ell. City court of Savannah. May term, 1895. There were two counts, the first charging that the defendant did unlawfully keep, maintain, employ and carry on a certain lottery known and called a nickel-in-the-slot-machine. The second was in the language stated in the first head-note. The defendant was acquitted on the first, and convicted on the second count; and his motion for a new trial was overruled.

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Indictment for misdemeanor. Before Judge MacDon•ell. City court of Savannah. May term, 1895. There were two counts, the first charging that the defendant did unlawfully keep, maintain, employ and carry on a certain lottery known and called a nickel-in-the-slot-machine. The second was in the language stated in the first head-note. The defendant was acquitted on the first, and convicted on the second count; and his motion for a new trial was overruled. He excepted to this ruling, and to the overruling of his demurrer to the indictment. "It. appeared, that he kept and maintained at his saloon a…

1Opinion of the CourtSimmons, C. J.

1. An indictment' which charged that the accused “did unlawfully keep, maintain, employ and carry on a certain scheme and device for the hazarding of money or other valuable thing, said scheme and device being called and known as a nickel-in-the-slot machine,” was legally sufficient without specifying the manner in which the machine was operated.

2. Where it appeared from the evidence that the accused kept and maintained a machine so contrived that if one dropped a nickel in a slot therein he would either lose the nickel or win fifteen cents, and that the object and purpose of the accused in…

2Cited by18 opinions

  1. Elder v. CampSupreme Court of Georgia · 1942
  2. Meyer v. StateSupreme Court of Georgia · 1900
  3. State v. RosenblattSupreme Court of Missouri · 1904
  4. State v. Old South Amusements, Inc.Supreme Court of Georgia · 2002
  5. Lyman v. . KurtzNew York Court of Appeals · 1901

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