Massey v. State

Quillian, Presiding Judge.

The defendant was indicted for burglary, tried and then convicted for a criminal attempt to commit burglary. Because of his conviction for a prior felony he was sentenced to 10 years. See Code Ann. § 27-2511 (Ga. L. 1953, Nov. Sess., pp. 289, 290; Ga. L. 1974, pp. 352, 355). His appeal to this court followed. Held:

1. The facts reveal that on December 29, 1975, the defendant was caught and arrested after having broken the left front vent window of a Volkswagen automobile. The appellant contended that he could not be convicted for an attempt to commit burglary since an…