Vickers v. State

Court of Appeals of Georgia

Vickers v. State

189 S.E. 377, 55 Ga. App. 163, 1937 Ga. App. LEXIS 21

CourtCourt of Appeals of Georgia

DecidedJanuary 12, 1937

Docket26010

StatusPublished

Cited by1 cases

This text of 189 S.E. 377 (Vickers 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

Vickers v. State, 189 S.E. 377, 55 Ga. App. 163, 1937 Ga. App. LEXIS 21 (Ga. Ct. App. 1937).

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Opinion

Broyles, C. J.

The defendant was convicted of burglary. The evidence, while disclosing that he broke into the dwelling-house of the prosecutor, was insufficient to show that the breaking was done with intent to commit a felony or larceny. Under a proper indictment or accusation, the evidence would have authorized a conviction of being in an intoxicated condition within such dwelling-house. The verdict was unauthorized by the evidence, and the refusal to grant a new trial was error. Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

The defendant was convicted of burglary. The evidence, while disclosing that he broke into the dwelling-house of the prosecutor, was insufficient to show that the breaking was done with intent to commit a felony or larceny. Under a proper indictment or accusation, the evidence would have authorized a conviction of being in an intoxicated condition within such dwelling-house. The verdict was unauthorized by the evidence, and the refusal to grant a new trial was error. Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)

189 S.E. 377, 55 Ga. App. 163, 1937 Ga. App. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vickers-v-state-gactapp-1937.

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