Ashton v. State
Supreme Court of Georgia
Criminal Law. Burglary. Master and Servant. Laws. Before Judge Snead. Richmond Superior Court. April Term, 1881. Ashton was indicted for burglary. The indictment alleged that he broke into and entered a certain house, the property of Eliza W. Moore, and used as a dwelling-house by one Albert Maddox, with intent to steal certain goods belonging to one William H. Warren. The evidence was, in brief, as follows: The house belonged to Mrs. Moore, and was situated on a plantation.
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Criminal Law. Burglary. Master and Servant. Laws. Before Judge Snead. Richmond Superior Court. April Term, 1881. Ashton was indicted for burglary. The indictment alleged that he broke into and entered a certain house, the property of Eliza W. Moore, and used as a dwelling-house by one Albert Maddox, with intent to steal certain goods belonging to one William H. Warren. The evidence was, in brief, as follows: The house belonged to Mrs. Moore, and was situated on a plantation. Maddox was the foreman or manager of the place, and occupied one of the rooms as a bed-room while on the plantation. He…
1Opinion of the Court
JacKSON, Chief Justice.
1. The defendant was’convicted of burglary ; he broke and entered a dwelling-house ; it must have been with the intent to steal, though he was caught before he committed the felony. The house belonged to Mrs. Moore, as charged in the indictment; it was used as a dwelling-house by Albert Maddox as charged, because he occupied one room of it generally,and had charge of it as foreman of the hands on the plantation. It made no difference that Wm. H. Warren, occasionally when visiting the plantation, lodged in one room, even if he were master, and Maddox servant, when he was…
2Cited by6 opinions
- Murphy v. StateSupreme Court of Georgia · 1977
- Cannon v. StateSupreme Court of Florida · 1931
- Mash v. StateCourt of Appeals of Georgia · 1954
- Nix v. StateCourt of Appeals of Georgia · 1981
- Stewart v. StateDistrict Court of Appeal of Florida · 1960
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