Butts v. State

Court of Appeals of Georgia

Butts v. State

105 S.E. 372, 26 Ga. App. 40, 1920 Ga. App. LEXIS 257

CourtCourt of Appeals of Georgia

DecidedDecember 15, 1920

Docket11852

StatusPublished

Cited by4 cases

This text of 105 S.E. 372 (Butts v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butts v. State, 105 S.E. 372, 26 Ga. App. 40, 1920 Ga. App. LEXIS 257 (Ga. Ct. App. 1920).

Pincite

Opinion

Broyles, C. J.

1. Where, upon the trial of one charged with burglary, the evidence makes out a case of burglary including larceny from the house, the accused may be legally convicted of the last named offense. Barlov. State, 77 Ga. 448; Green v. State, 119 Ga. 120 (45 S. E. 990); Lockhart v. State, 3 Ga. App. 480 (60 S. E. 215).

2. The alleged newly discovered evidence is largely cumulative and impeaching in its character and does not require a new trial of the case.

3. The verdict was amply, authorized by the evidence, and none of the special grounds of the motion for a new trial shows cause for a reversal of the judgment below.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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