Sims v. State

Court: Court of Appeals of Georgia
Date filed: 1925-03-28
Citations: 33 Ga. App. 615, 127 S.E. 477, 1925 Ga. App. LEXIS 646
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Lead Opinion
Luke, J.

The accused was charged with burglary and was convicted of that offense. The evidence demanded a verdict of larceny from the house, but did not authorize the verdict returned, since there was no evidence, either direct or circumstantial, that showed a breaking, and proof of a breaking is essential in a prosecution for burglary. Strickland v. State, 12 Ga. App. 640 (3) (77 S. E. 1070). It follows that the court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, O. J., and Bloodivorth, J., concur.