O.C.G.A. § 16-12-23 (2019)

Annotations

Law reviews. For note discussing organized crime in

Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B.J. 124 (1970).

JUDICIAL DECISIONS Purpose of section. - Former Penal Code 1895, § 398 (see now O.C.G.A. § 16-12-23) was designed to prevent corruption of morals and is aimed against houses encouraging gambling. Thrower v. State, 117 Ga. 753, 45 S.E. 126, 1903 Ga. LEXIS 327 (1903). In prohibiting a gaming house or a gaming place, it is intended to prevent the maintenance of a place at which persons gather for purpose of hazarding and betting money, whether subject matter of a single bet is or is not made penal. Gullatt v. State ex rel. Collins, 169 Ga. 538, 150 S.E. 825, 1929 Ga. LEXIS 398 (1929); Friedman v. State, 64 Ga. App. 405, 13 S.E.2d 467, 1941 Ga. App. LEXIS 78 (1941). Section is aimed only at place. - Keeping of a gaming house or gaming place was a separate, well-defined offense, and entirely independent of criminality of betting carried on therein. Former Penal Code 1910, §§ 389, 390 (see now O.C.G.A. § 16-12-23) was aimed at the place, not at players, not at game, nor at subject matter of wager. Gullatt v. State ex rel. Collins, 169 Ga. 538, 150 S.E. 825, 1929 Ga. LEXIS 398 (1929). Maintenance of a gaming house or a gaming place is a public nuisance. Gullatt v. State ex rel. Collins, 169 Ga. 538, 150 S.E. 825, 1929 Ga. LEXIS 398 (1929). “Place” defined. Thrower v. City of Atlanta, 124 Ga. 1, 52 S.E. 76, 1905 Ga. LEXIS 623 (1905). One may be acquitted of gambling yet convicted of operating a gambling house. - Gambling is one thing and operating a gambling house is a kindred but entirely different thing; and different evidence is required to convict of these separate offenses. No absurdity or repugnancy is created by acquittal of gambling and conviction of operating a gambling house. McGahee v. State, 133

Ga. App. 964, 213 S.E.2d 91, 1975 Ga. App. LEXIS 2350 (1975). One may be guilty of operating a gambling house without participating in actual gambling. Miller v. State, 48 Ga. App. 786, 173 S.E. 491, 1934 Ga. App. LEXIS 193 (1934). Proof of defendant’s mental state may be inferred. Rivers v. State, 118 Ga. 42, 44 S.E. 859, 1903 Ga. LEXIS 429 (1903); Bashinski v. State, 122 Ga. 164, 50 S.E. 54, 1905 Ga. LEXIS 139 (1905); Bashinski v. State, 123 Ga. 508, 51 S.E. 499, 1905 Ga. LEXIS 523 (1905). Attendant circumstances may show true character of house. Bell v. State, 92 Ga. 49, 18 S.E. 186, 1893 Ga. LEXIS 13 (1893); Bluhakis v. State, 18 Ga. App. 112, 88 S.E. 911, 1916 Ga. App. LEXIS 153 (1916). Proof of single act of gaming is insufficient. White v. State, 115 Ga. 570, 41 S.E. 986, 1902 Ga. LEXIS 474 (1902). Purpose for permitting game is immaterial. Alexander v. City of Atlanta, 13 Ga. App. 354, 79 S.E. 177, 1913 Ga. App. LEXIS 152 (1913). Betting on a horse race is gaming. Gullatt v. State ex rel. Collins, 169 Ga. 538, 150 S.E. 825, 1929 Ga. LEXIS 398 (1929). Betting on a dog fight is gaming. Gullatt v. State ex rel. Collins, 169 Ga. 538, 150 S.E. 825, 1929 Ga. LEXIS 398 (1929). House or place for purpose of permitting gaming on dog races is a gaming house. Gullatt v. State ex rel. Collins, 169 Ga. 538, 150 S.E. 825, 1929 Ga. LEXIS 398 (1929). Bucket shop as violation of former Penal Code 1895, § 398 (see now O.C.G.A. § 16-12-23). Anderson v. State, 2 Ga. App. 1, 58 S.E. 401, 1907 Ga. App. LEXIS 261 (1907). House where race horse bets placed violated former Penal Code 1895 (see

OFFENSES/HEALTH & MORALS

now O.C.G.A. § 16-12-23). Thrower v. State, 117 Ga. 753, 45 S.E. 126, 1903 Ga. LEXIS 327 (1903). One greeting people as people enter gaming house violates section. - When one is indicted for operation of a gaming house, a misdemeanor, and the state’s evidence discloses operation of a large gambling establishment having numbers of employees, a statement made by the defendant that the defendant was a greeter, working in the club to greet folks coming in amounts to a confession of guilt of the crime charged. Richards v. State, 56 Ga. App. 377, 192 S.E. 632, 1937 Ga. App. LEXIS 361 (1937). Liability of wife residing in gambling house. - See Bell v. State, 92 Ga. 49, 18 S.E. 186, 1893 Ga. LEXIS 13 (1893). Evidence insufficient for conviction. - Evidence was insufficient

to support the defendant’s convictions of commercial gambling, possession of a gambling device, and keeping a gambling place because the seized machines were coin operated amusement machines (COAMs), as there was no evidence that the defendant tampered with the COAMs or otherwise did anything to remove the element of player skill and the state’s evidence at most showed that the COAMs malfunctioned in some way to allow the police officer to win without nudging the wheels. Bartlett v. State, 351 Ga. App. 476, 829 S.E.2d 187, 2019 Ga. App. LEXIS 394 (2019), cert. denied, No. S20C0008, 2020 Ga. LEXIS 254 (Ga. Mar. 26, 2020).

RESEARCH REFERENCES Am. Jur. 2d. 24 Am. Jur. 2d, Disorderly Houses, § 1 et seq. 38 Am. Jur. 2d, Gambling, § 146 et seq. C.J.S. 38 C.J.S., Gaming, § 155 et seq. ALR. Connection with place where gaming is

carried on which will render one guilty as keeper thereof, 15 A.L.R. 1202. Punchboard as a lottery, 163 A.L.R. 1279. Gambling in private residence as prohibited or permitted by anti-gambling laws, 27 A.L.R.3d 1074.