Hill v. State

Court of Appeals of Georgia

Hill v. State

161 S.E.2d 917, 117 Ga. App. 721, 1968 Ga. App. LEXIS 1207

CourtCourt of Appeals of Georgia

DecidedApril 12, 1968

Docket43587

StatusPublished

Cited by2 cases

This text of 161 S.E.2d 917 (Hill 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.

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Hill v. State, 161 S.E.2d 917, 117 Ga. App. 721, 1968 Ga. App. LEXIS 1207 (Ga. Ct. App. 1968).

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Opinion

Bell, Presiding Judge.

1. In the indictment for burglary in this case the ownership of the place burglarized was laid in a name (McCrory Corporation) which imported a corporation. The presumption was that it was a corporation, and in the absence of affirmative proof by accused that no such corporation existed it was not necessary for the State to prove the fact of incorporation. See Crawford v. State, 68 Ga. 822; Mattox v. State, 115 Ga. 212, 221 (41 SE 709); Alsobrook v. State, 126 Ga. 100, 102 (54 SE 805); Ager v. State, 2 Ga. App. 158 (1) (58 SE 374); Vaughn v. State, 17 Ga. App. 268 (1) (86 SE 461); Hammontree v. State, 25 Ga. App. 544 (1) (103 SE 738); Hornsby v. State, 49 Ga. App. 305 (1) (175 SE 400); King v. State, 83 Ga. App. 175 (b) (63 SE2d 292); [722]*722Raptis v. State, 92 Ga. App. 485, 487 (2) (88 SE2d 731); Bush v. State, 117 Ga. App. 310 (3) (160 SE2d 456).

Submitted April 2, 1968 Decided April 12, 1968 Rehearing denied May 1, 1968 Copland & Finley, Dan Copland, for appellant.

2. It was not error to admit testimony that the place burglarized was owned by McCrory Corporation over objection that “The corporate charter would certainly be the highest and best evidence.”

Judgment affirmed.

Hall and Quillian, JJ., concur.

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Bell, Presiding Judge.

1. In the indictment for burglary in this case the ownership of the place burglarized was laid in a name (McCrory Corporation) which imported a corporation. The presumption was that it was a corporation, and in the absence of affirmative proof by accused that no such corporation existed it was not necessary for the State to prove the fact of incorporation. See Crawford v. State, 68 Ga. 822; Mattox v. State, 115 Ga. 212, 221 (41 SE 709); Alsobrook v. State, 126 Ga. 100, 102 (54 SE 805); Ager v. State, 2 Ga. App. 158 (1) (58 SE 374); Vaughn v. State, 17 Ga. App. 268 (1) (86 SE 461); Hammontree v. State, 25 Ga. App. 544 (1) (103 SE 738); Hornsby v. State, 49 Ga. App. 305 (1) (175 SE 400); King v. State, 83 Ga. App. 175 (b) (63 SE2d 292); [722]*722Raptis v. State, 92 Ga. App. 485, 487 (2) (88 SE2d 731); Bush v. State, 117 Ga. App. 310 (3) (160 SE2d 456).

Submitted April 2, 1968 Decided April 12, 1968 Rehearing denied May 1, 1968 Copland & Finley, Dan Copland, for appellant.

2. It was not error to admit testimony that the place burglarized was owned by McCrory Corporation over objection that “The corporate charter would certainly be the highest and best evidence.”

Judgment affirmed.

Hall and Quillian, JJ., concur.

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161 S.E.2d 917, 117 Ga. App. 721, 1968 Ga. App. LEXIS 1207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-state-gactapp-1968.

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