Hess v. State

Eberhardt, Presiding Judge.

Eve Pearson and Cathy Hess, students at West Georgia College, were indicted under Code Ann. § 26-1601 for the offense of burglary, charging that they did on May 30, 1973 unlawfully and without authority, and with intent to commit a theft (or a felony) therein enter the dwelling house of Mrs. Carrie M. Duffey, the owner thereof.

Defendants secured counsel and entered pleas of not guilty, and the case was called for trial before a jury.

*27R. L. Duffey, testifying for the state, asserted that he lived across the street from a dwelling owned by his mother, in which she had…