Doe v. State

Following a jury trial, Curtis Lee Doe was convicted of attempting to influence the winning of a prize by tampering with lottery equipment in violation of the Georgia Lottery for Education Act.1 Doe appeals from the conviction entered on the verdict and the denial of his motion for a new trial, claiming i numerous errors related to what he claims was a defective indictment, ii that the criminal statute under which he was charged does not apply to his conduct, iii that there was a fatal variance between the indictment and the evidence adduced at trial, and iv that the trial court erred in charging the jury. We find no error and affirm. Construed most strongly in support of the verdict,2 the evidence shows that at approximately 1:30 a.m. on February 23, 2004, Doe entered a convenience store in Tattnall County. Doe lived near the store, and he was a regular customer who was known by the store employees.

While the employee working the night shift was cleaning, she heard a squeaking noise coming from the counter where the lottery tickets were kept. The employee went to the counter and asked Doe, who was the only other person in the store, if he had taken some lottery tickets. Doe denied having taken any tickets and left the store.