Legal Opinion

Hammontree v. State

Court of Appeals of Georgia

Decided May 15, 1920No. 11619PublishedCited by 1 opinion

Indictment for burglary; from Whitfield superior court —Judge Tarver. May 15, 1920.

1Opinion of the CourtBroyles, C. J.

1. Where in an indictment for burglary the ownership of the place alleged to have been burglarized is laid in a name which imports a corporation, “the presumption is that it is a corporation, and, in the absence of affirmative proof by the accused that no such corporation existed, and where there is no allegation in the indictment that it was a corporation, it is not necessary for the State to prove the fact of incorporation. And where a final judgment has been rendered, a judgment is not void, nor voidable, for the mere want of such proof. ” Vaughn v. State, 17 Ga. App. 268 (1) (86 S. E.…

2Cases cited1 opinion

  1. Vaughn v. StateCourt of Appeals of Georgia · 1915

3Cited by1 opinion

  1. Hill v. StateCourt of Appeals of Georgia · 1968

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