Legal Opinion
Tierce v. State
Court of Appeals of Georgia
Decided November 2, 1970No. 45599PublishedCited by 7 opinions
1Opinion of the Court
Hall, Presiding Judge.
Prior to the new Criminal Code, the operation of a lottery was declared a crime under Georgia penal statutes, but the definition of a lottery was found only in the decisions of our appellate courts. The necessary elements were held to be prize, chance and consideration. In determining whether sales promotion schemes constituted a lottery, the key question in practically all the cases has been that of consideration.
The new Criminal Code added the following definition: "A lottery is any scheme or procedure whereby one or more prizes are distributed by chance among persons…
Also in this document: Concurrence.
2Cases cited2 opinions
- Boyd v. Piggly Wiggly Southern, Inc.Court of Appeals of Georgia · 1967
- Winn-Dixie Stores, Inc. v. BoatrightCourt of Appeals of Georgia · 1967
3Cited by7 opinions
- Kemp v. American Telephone & Telegraph Co.Court of Appeals for the Eleventh Circuit · 2004
- Albertson's, Inc. v. HansenUtah Supreme Court · 1979
- Albertson's, Inc. v. HansenUtah Supreme Court · 1979
- James W. Sikes v. Teleline, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Johnson v. Publix SupermarketsCourt of Appeals of Georgia · 2002
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