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Lawskills.com Georgia Caselaw
CANNON v. THE STATE.
41974.
NICHOLS, Presiding Judge.
Burglary. Fulton Superior Court. Before Judge Alverson.
The defendant was tried and convicted for the offense of burglary of the "storehouse and place of business of U. S. Mosaic Tile Co., Inc., where valuable goods were contained, with an intent to steal." A motion for new trial was overruled and on appeal the sole contention of the defendant is that there was no evidence "that the place alleged to have been burglarized contained any articles of value or that any goods contained therein have any value." Held:
2. Evidence that a named item of personal property was in the building but not showing that such personal property had a value is insufficient to authorize a verdict in a burglary case. Tyler v. State, 89 Ga. App. 535, supra.
3. In the case sub judice photographs, identified as showing the interior of the building, were introduced in evidence which showed numerous items of personalty contained therein, and while such evidence would be insufficient to prove an exact value of the personal property shown therein, yet it was sufficient to authorize a finding that such personalty had some value.
Lewis R. Slaton, Solicitor General, J. Walter LeCraw, George K. McPherson, Jr., for appellee.
Wesley R. Asinof, J. R. Parham, for appellant.
SUBMITTED MAY 3, 1966 -- DECIDED MAY 10, 1966 -- REHEARING DENIED MAY 19, 1966.
Friday May 22 19:58 EDT


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