Clark v. State

Smith, Judge.

In the Superior Court of Cobb County, Clark was convicted on two counts of burglary. He appeals his conviction on Count 1, which charged him with the March 20, 1975, burglary of Charter Oak Development Company. Because his prosecution on that count was barred by collateral estoppel, we reverse.

The evidence shows that, at about 8:30 p.m. on March 20, 1975, a lone burglar entered Charter Oak Development Company and stole, among other items, a check writing machine. On April 7, 1975, Clark was arrested in Gwinnett County, at which time he had in his possession the check writing…