Mosley v. State

We are satisfied-that the evidence against the accused, charged with burglary, was insufficient to support the verdict of guilty, and that the trial judge erred in not granting the motion for a new trial upon the general grounds. The defendant was indicted for burglary, in that he did break and enter the house of G. L. Sikes, with intent to .commit a larceny therein. In a prosecution for burglary it is essential that there be proof of a breaking, then an entering, and that the house broken was one of the character upon which burglary may be committed. Without sufficient proof of a…