Willis v. State

Court of Appeals of Georgia

Willis v. State

156 S.E.2d 668, 116 Ga. App. 21, 1967 Ga. App. LEXIS 674

CourtCourt of Appeals of Georgia

DecidedJune 16, 1967

Docket42882

StatusPublished

Cited by3 cases

This text of 156 S.E.2d 668 (Willis 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

Willis v. State, 156 S.E.2d 668, 116 Ga. App. 21, 1967 Ga. App. LEXIS 674 (Ga. Ct. App. 1967).

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Opinion

Pannhll, Judge.

The defendant was convicted of the offense of burglary under an indictment charging that he committed the offense in that he “did break and enter the storehouse and place of business of Leroy W. Taylor, Sr. . . On appeal to this court his only enumeration of error is that the State failed to prove this allegation in the indictment. The evidence showed that the defendant was seen climbing out of a window in the rear of 130 Auburn Avenue on the night in question, this being the place that was burglarized. Taylor testified that he operated “Atlanta Motorcycle Sales, 130 Auburn Avenue, N. E.” and that he was operating it on the occasion in question. On cross examination, Taylor testified that the building involved belonged to Atlanta Life Insurance Company and that he rented it from them. An employee of Taylor testified that he locked up for the night on the night in question. Held:

The State was not required to prove that Leroy W. Taylor was the owner of the fee, but proof that he operated a business there under a lease from the owners was sufficient. Houston v. State, 38 Ga. 165, 167; Trice v. State, 116 Ga. 602 (42 SE 1008); Huff v. State, 113 Ga. App. 257, 261 (147 SE2d 840).

Judgment affirmed.

Bell, P. J., and Joslin, J., concur.

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Pannhll, Judge.

The defendant was convicted of the offense of burglary under an indictment charging that he committed the offense in that he “did break and enter the storehouse and place of business of Leroy W. Taylor, Sr. . . On appeal to this court his only enumeration of error is that the State failed to prove this allegation in the indictment. The evidence showed that the defendant was seen climbing out of a window in the rear of 130 Auburn Avenue on the night in question, this being the place that was burglarized. Taylor testified that he operated “Atlanta Motorcycle Sales, 130 Auburn Avenue, N. E.” and that he was operating it on the occasion in question. On cross examination, Taylor testified that the building involved belonged to Atlanta Life Insurance Company and that he rented it from them. An employee of Taylor testified that he locked up for the night on the night in question. Held:

The State was not required to prove that Leroy W. Taylor was the owner of the fee, but proof that he operated a business there under a lease from the owners was sufficient. Houston v. State, 38 Ga. 165, 167; Trice v. State, 116 Ga. 602 (42 SE 1008); Huff v. State, 113 Ga. App. 257, 261 (147 SE2d 840).

Judgment affirmed.

Bell, P. J., and Joslin, J., concur.

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156 S.E.2d 668, 116 Ga. App. 21, 1967 Ga. App. LEXIS 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-state-gactapp-1967.

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