Ealey v. State

Court of Appeals of Georgia

Ealey v. State

221 S.E.2d 50, 136 Ga. App. 292

CourtCourt of Appeals of Georgia

DecidedSeptember 30, 1975

Docket51031

StatusPublished

Cited by6 cases

This text of 221 S.E.2d 50 (Ealey 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

Ealey v. State, 221 S.E.2d 50, 136 Ga. App. 292 (Ga. Ct. App. 1975).

Pincite

Opinion

Bell, Chief Judge.

Defendant was convicted of simple assault and burglary. The appeal is limited to the contention that the burglary count of the indictment is fatally defective. This count in pertinent part alleged that defendant "did without authority and with intent to commit a felony, did enter the dwelling house of. . .” State v. Lockhart, 24 Ga. 420 held that if a burglary indictment fails to specify the *293 felony which the defendant intended to commit, the defect is fatal. This case controls.

Submitted September 16,1975 Decided September 22, 1975 Rehearing denied October 23, 1975. Harrison, Jolles & Miller, Charles F. Miller, Jr., for appellant. Richard Allen, District Attorney, for appellee.

As no question is raised as to the conviction and sentence for simple assault we affirm that part of the judgment but reverse as to the conviction and sentence for burglary.

Judgment affirmed in part and reversed in part.

Webb and Marshall, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI