Wood v. State
Supreme Court of Georgia
Criminal law. Burglary. Indictment. Practice. New trial. Before Judge Clark. Sumter Superior Court. April Term, 1872. John Wood was placed on trial on the following indictment: “The grand jurors, sworn, chosen and'selected for the county of Sumter, to-wit: * * * in the name and behalf of the citizens of Georgia, charge and accuse John Wood and Henry Wood, of the county and State aforesaid, with the offense of burglary in the night time, for that the said defendants, John…
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Criminal law. Burglary. Indictment. Practice. New trial. Before Judge Clark. Sumter Superior Court. April Term, 1872. John Wood was placed on trial on the following indictment: “The grand jurors, sworn, chosen and'selected for the county of Sumter, to-wit: * * * in the name and behalf of the citizens of Georgia, charge and accuse John Wood and Henry Wood, of the county and State aforesaid, with the offense of burglary in the night time, for that the said defendants, John Wood and Henry Wood, on the 27th day of October, 1870, in'the county aforosaid, did then and there, unlawfully, and with…
1Opinion of the Court
McCay, Judge.
The crime of burglary consists in breaking, etc., with intent to commit a felony. The intent is a material and necessary part of the crime. Breaking into a house is a mertrespass. Stealing from a house is larceny from the house. But to make the offense of burglary there must be a breaking with intent to cofnmit a felony, (now, or larceny.) The crime is complete, though no felony be committed. If the intent is material it is nécessary to allege it. It is a prime ingredient in the offense, and an indictment fails to charge the offense of burglary unless the intent of the breaking,…
2Cited by10 opinions
- Smith v. HardrickSupreme Court of Georgia · 1995
- State v. EbelMontana Supreme Court · 1932
- Boswell v. StateSupreme Court of Georgia · 1901
- O'Brien v. StateSupreme Court of Georgia · 1900
- Thomas v. StateSupreme Court of Georgia · 1883
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