Conklin v. State
Court of Appeals of Georgia
Indictment for burglary; from Eulton superior court — Judge Hill. July 7, 1917. H. E. Conklin was convicted of the offense of burglary, and a new trial was denied. The evidence shows that on the afternoon of May 22d he entered the office of the Western Union Telegraph Company at 406-A Peachtree street in the city of Atlanta, supposedly for the purpose of using the telephone; he said that he could not get his number, and walked out.
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Indictment for burglary; from Eulton superior court — Judge Hill. July 7, 1917. H. E. Conklin was convicted of the offense of burglary, and a new trial was denied. The evidence shows that on the afternoon of May 22d he entered the office of the Western Union Telegraph Company at 406-A Peachtree street in the city of Atlanta, supposedly for the purpose of using the telephone; he said that he could not get his number, and walked out. While in this office he could get a view of the typewriter, which was behind the counter. The same night a Mrs. Mott, in charge of this office, left the office…
1Opinion of the CourtHarwell, J.
1. The first ground of the amendment to the motion for new trial complains of a certain excerpt from the court’s charge to the jury on the burden of proof and on the presumption as to the innocence of the accused. There is no specific exception to this excerpt, the ground simply alleging that “the court erred in giving the following charge,” and that “the court should have charged aá follows:” then setting out a charge on the subject of presumption of innocence. The excerpt from the charge excepted to, and that suggested by the movant, are both in the abstract correct. A mere general…
2Cases cited6 opinions
- Anderson v. Southern Railway Co.Supreme Court of Georgia · 1899
- Hill v. StateCourt of Appeals of Georgia · 1916
- Seaboard Air-Line Railway v. BarrowCourt of Appeals of Georgia · 1916
- Killian v. StateCourt of Appeals of Georgia · 1917
- Pitts v. StateSupreme Court of Georgia · 1901
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