Kennedy v. State

Smith, Judge.

William Kennedy, Jr., was convicted of the burglary of his estranged wife’s home following a jury trial. He appeals, challenging the sufficiency of the. evidence to establish that he lacked the authority to enter the premises in question. We are constrained to agree, and reverse.

In Mitchell v. State, 263 Ga. 129, 130-131 (3) (429 SE2d 517) (1993), the Supreme Court in effect held that one spouse is per se authorized to enter the dwelling house of the other based upon the fact that they live together or based upon the fact of marriage alone. The defendant’s specific argument in…