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76 Ga. App. 239

45 S.E.2d 675

Thompson v. State

Court of Appeals of Georgia

Decided December 4, 1947

Court of Appeals of Georgia · decided 1947-12-04

Relies on Steadman v. State · Woodward v. State · Godbee v. McCathern

Good law ✅— No negative treatment on recordhow we know

Decided 1947-12-04

How this case has been cited

Cited by 9 later decisions — most recently November 1996

9 state decisions

60194719501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MacIntyre, P. J.

¶1 1. John Hince Thompson was indicted for the offense of burglary. The jury returned a verdict of guilty, and the defendant made a motion for new trial on the general grounds only. This motion was overruled, and he excepted. The defendant contends that -the evidence fails to identify the accused sufficiently to warrant a conviction and that no intent to commit a larceny was shown.

¶2 2. One witness for the State positively identified the defendant as being the person who broke and entered the residence. This was sufficient identification to authorize the verdict. Matthews v. State, 86 Ga. 782 (1) (13 S. E. 16); Berry v. State, 29 Ga. App. 282, 283 (2) (114 S. E. 922).

¶3 3. Whether the defendant intended to commit a larceny was a question for the determination of the jury under the facts and circumstances proved. Woodward v. State, 54 Ga. 106; Steadman v. State, 81 Ga. 736 (8 S. E. 420).

¶4 4. The evidence authorized the verdict, and the court did not err in overruling the motion for new trial.

¶5 Judgment affirmed.

Gardner and Townsend, JJ., concur.
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