Sims v. State

Court of Appeals of Georgia

Sims v. State

127 S.E. 477, 33 Ga. App. 615, 1925 Ga. App. LEXIS 646

CourtCourt of Appeals of Georgia

DecidedMarch 28, 1925

Docket16200

StatusPublished

This text of 127 S.E. 477 (Sims 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

Sims v. State, 127 S.E. 477, 33 Ga. App. 615, 1925 Ga. App. LEXIS 646 (Ga. Ct. App. 1925).

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Opinion

Luke, J.

The accused was charged with burglary and was convicted of that offense. The evidence demanded a verdict of larceny from the house, but did not authorize the verdict returned, since there was no evidence, either direct or circumstantial, that showed a breaking, and proof of a breaking is essential in a prosecution for burglary. Strickland v. State, 12 Ga. App. 640 (3) (77 S. E. 1070). It follows that the court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, O. J., and Bloodivorth, J., concur.

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Luke, J.

The accused was charged with burglary and was convicted of that offense. The evidence demanded a verdict of larceny from the house, but did not authorize the verdict returned, since there was no evidence, either direct or circumstantial, that showed a breaking, and proof of a breaking is essential in a prosecution for burglary. Strickland v. State, 12 Ga. App. 640 (3) (77 S. E. 1070). It follows that the court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, O. J., and Bloodivorth, J., concur.

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Bluebook (online)

127 S.E. 477, 33 Ga. App. 615, 1925 Ga. App. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-state-gactapp-1925.

Opinion

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