Bashinski v. State
Supreme Court of Georgia
Indictment for renting room for gaming. Before Judge Hodges. City court of Macon. January 28, 1905. The indictment charged Isaac Bashinski, in one count, with keeping a gaming-house, and in another with renting, on November 1, 1904, a room to be used for gaming purposes. The evidence showed that he had long controlled a building in which was a restaurant and bar, connected with which were two rooms reached by going through the bar and thence up a flight of stairs.
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Indictment for renting room for gaming. Before Judge Hodges. City court of Macon. January 28, 1905. The indictment charged Isaac Bashinski, in one count, with keeping a gaming-house, and in another with renting, on November 1, 1904, a room to be used for gaming purposes. The evidence showed that he had long controlled a building in which was a restaurant and bar, connected with which were two rooms reached by going through the bar and thence up a flight of stairs. They were once rented for $25 a month; afterwards at $40. When the defendant rented the rooms it was stated that they should be…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) One charged with a crime can not be convicted on suspicion, or by general reputation, or by .proof that he is in the habit of committing offenses similar to that for which he is being tried. Hence, evidence of distinct transactions within or without the statute of limitations is inadmissible. Civil Code, § 5159; Erwin v. State, 121 Ga. 580. But where guilty knowledge is the gist of the offense, anything *166going to show the existence of such knowledge is admissible. If the mental state was operative within the statute of limitations when the defendant did the…
2Cases cited2 opinions
- Rivers v. StateSupreme Court of Georgia · 1903
- Erwin v. StateSupreme Court of Georgia · 1905
3Cited by8 opinions
- Bashinski v. StateSupreme Court of Georgia · 1905
- Watson v. StateSupreme Court of Georgia · 1941
- Ogletree v. AtkinsonSupreme Court of Georgia · 1942
- Kessler v. PearsonSupreme Court of Georgia · 1906
- Elder v. StarkSupreme Court of Georgia · 1946
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