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117 Ga. App. 721

Hill v. State

Court of Appeals of Georgia

Decided April 12, 1968

Court of Appeals of Georgia · decided 1968-04-12

Cited by 1 later decisions — most recently June 1975

1 state decisions

Relies on Shigg v. State · Lumpkin v. Respess · Langley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-04-12

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Bell, Presiding Judge.

¶11. 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); *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, 1968Decided April 12, 1968Rehearing denied May 1, 1968Copland & Finley, Dan Copland, for appellant.

¶22. 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.”

¶3Judgment affirmed.

Hall and Quillian, JJ., concur.
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