Brooks v. State

Smith, Judge.

Appellants were tried jointly and convicted of burglary. Since the trial court erroneously omitted instruction on the intent element of burglary, we must reverse the convictions.

1. The trial court charged the following definition of burglary:" [T]he law of the State of Georgia says that a person commits burglary when and without authority he enters the building of another.” That charge constitutes reversible error as it omits the necessary stipulation that the person must have entered the building of another "with the intent to commit a felony or theft therein.” Ga. L. 1968, pp.…