Fleming v. State

While conviction for the offense of keeping and maintaining .a lottery may be had on circumstantial evidence, such evidence should be so clear and concise as to exclude every other reasonable hypothesis save that of the guilt of the accused. Ball v. State, 72 Ga. App. 45 (32 S. E. 2d 912); Chandler v. State, 63 Ga. App. 304 (11 S. E. 2d 103). Where, as here, the only evidence tending to connect the defendant with a lottery is that after he and his wife had quarreled, and he had spent several days away from home at a hotel, the wife led police officers to a stack of 25 blank pads or “lottery…