Sims v. State

Plaintiff in error was convicted, in the city court of Dalton, of the offense of gaming. The indictment charged that he “did play for money and other things of value, at a game of craps plajred with dice.” He filed a motion for a new trial, on the statutory grounds, and on the ground of newly discovered evidence; and he brings to this court the judgment overruling the motion and refusing to grant a new trial. «

The only witness for the State was a fellow player, who testified, that, “about January 1, 1907, Whitfield county, he and Frank Lomax and Bud and Frank Sims [the defendant] were at the…