¶1The 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.
55 Ga. App. 163
Vickers v. State
Decided January 12, 1937
Court of Appeals of Georgia · decided 1937-01-12
Good law ✅— No negative treatment on recordhow we know
Decided 1937-01-12
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Cited by 7 later decisions — most recently March 2016
7 state decisions
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