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Lawskills.com Georgia Caselaw
MILLWOOD v. THE STATE.
40252.
FRANKUM, Judge.
Larceny from house. Cherokee Superior Court. Before Judge Burtz.
1. Where an indictment for burglary charges that the breaking and entering of a storehouse was done with the intent of committing a larceny, and the larceny of goods of the value of more than $50 is particularly set out, two felonious offenses are charged, to wit, burglary and larceny from the house, and there may be a conviction of the accused of larceny from the house. Code 26-2401, 26-2630; Williams v. State, 60 Ga. 88 (2); Polite v. State, 78 Ga. 347 (1); Ray v. State, 121 Ga. 189 (48 SE 903); Cannon v. State, 125 Ga. 785, 787 (54 SE 692); Thomas v. State, 18 Ga. App. 101 (3) (88 SE 917); Butts v. State, 26 Ga. App. 40 (1) (105 SE 372). The conviction of the defendant of larceny from the house was authorized by the evidence.
2. The part of the charge of the court attacked by the defendant in the special ground of his motion for a new trial was not abstractly incorrect, and the judge did not in so charging direct the jury to find the defendant guilty of any offense.
Therefore, this ground of the motion is without merit.
Jess H. Watson, Solicitor General, contra.
Stow & Andrews, Robert E. Andrews, for plaintiff in error.
DECIDED SEPTEMBER 4, 1963.
Friday May 22 22:24 EDT


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