Arrington v. State

Banke, Judge.

The appellant was indicted for burglary and found guilty of the lesser included offense of attempted burglary. He enumerates as *646error the denial of his demurrer to the indictment, contending that the description of the crime location is deficient. The indictment alleged the premises to be the “building housing Mitchell Appliance, located at 6340 E. Broad Street” in Douglas County, Georgia. It fails to allege that this location is also in Douglasville, as the evidence at trial proved. Held:

Decided December 4, 1981. Michael R. Hauptman, for appellant. William A. Foster III,…