Butts v. State

105 S.E. 372, 26 Ga. App. 40, 1920 Ga. App. LEXIS 257
Court of Appeals of Georgia·Decided December 15, 1920·No. 11852·Published·Cited by 4 cases

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

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