GA 16-11-44 - GA 16-11-44

JUDICIAL DECISIONS Constitutionality. - So far as O.C.G.A. § 16-11-44 proscribes the maintenance of a house to the encouragement of gambling on a general, customary, or habitual basis, one of ordinary intelligence is given fair notice of what conduct is prohibited and arbitrary, and erratic arrests and convictions are not encouraged. The same view of the statute applies to its proscription of the maintenance of a "drinking" house, and it will not be struck down as facially unconstitutional where there are a substantial number of situations to which it may constitutionally be applied, despite the phrase "other misbehavior." Hubbard v. State, 256 Ga. 637 , 352 S.E.2d 383 (1987). Disorderly house defined. - Disorderly house is a house in which people abide or to which people resort to the dis...