Miller v. State

Court of Appeals of Georgia

Miller v. State

253 S.E.2d 469, 149 Ga. App. 108, 1979 Ga. App. LEXIS 1741

CourtCourt of Appeals of Georgia

DecidedFebruary 21, 1979

Docket57010

StatusPublished

Cited by2 cases

This text of 253 S.E.2d 469 (Miller 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

Miller v. State, 253 S.E.2d 469, 149 Ga. App. 108, 1979 Ga. App. LEXIS 1741 (Ga. Ct. App. 1979).

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Opinion

Quillian, Presiding Judge.

Appeal was taken from the defendant’s conviction for burglary. Held:

1. The defendant was charged with unlawful entry with intent to commit a felony. Under the facts and circumstances the question of intent was for the jury’s determination. Thompson v. State, 76 Ga. App. 239 (3) (45 SE2d 675); Wells v. State, 144 Ga. App. 841 (242 SE2d 752). Moreover, there was evidence showing assault with a deadly weapon — aggravated assault — a felony. Code Ann. § 26-1302 (Ga. L. 1968, pp. 1249,1280; Ga. L. 1976, p. 543). See Scott v. State, 141 Ga. App. 848, 849 (234 SE2d 685); Riddle v. State, 145 Ga. App. 328 (243 SE2d 607); Tuggle v. State, 145 Ga. App. 603, 604 (244 SE2d 131). The [109]*109evidence was sufficient to sustain the verdict.

Submitted January 15, 1979 — Decided February 21, 1979. Roland L. Enloe, Jr., for appellant. William M. Campbell, District Attorney, James A. Meaney, III, Assistant District Attorney, for appellee.

2. The failure to give certain instructions to the jury was not erroneous, especially in the absence of any written requests to charge.

Judgment affirmed.

Smith and Birdsong, JJ., concur.

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Quillian, Presiding Judge.

Appeal was taken from the defendant’s conviction for burglary. Held:

1. The defendant was charged with unlawful entry with intent to commit a felony. Under the facts and circumstances the question of intent was for the jury’s determination. Thompson v. State, 76 Ga. App. 239 (3) (45 SE2d 675); Wells v. State, 144 Ga. App. 841 (242 SE2d 752). Moreover, there was evidence showing assault with a deadly weapon — aggravated assault — a felony. Code Ann. § 26-1302 (Ga. L. 1968, pp. 1249,1280; Ga. L. 1976, p. 543). See Scott v. State, 141 Ga. App. 848, 849 (234 SE2d 685); Riddle v. State, 145 Ga. App. 328 (243 SE2d 607); Tuggle v. State, 145 Ga. App. 603, 604 (244 SE2d 131). The [109]*109evidence was sufficient to sustain the verdict.

Submitted January 15, 1979 — Decided February 21, 1979. Roland L. Enloe, Jr., for appellant. William M. Campbell, District Attorney, James A. Meaney, III, Assistant District Attorney, for appellee.

2. The failure to give certain instructions to the jury was not erroneous, especially in the absence of any written requests to charge.

Judgment affirmed.

Smith and Birdsong, JJ., concur.

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253 S.E.2d 469, 149 Ga. App. 108, 1979 Ga. App. LEXIS 1741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-gactapp-1979.

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