Earnest v. State

Johnson, Judge.

A jury found Eugene Earnest guilty of burglary. He appeals from his conviction.

1. Earnest bases his first three enumerations of error upon one premise: there can be no burglary conviction where a person is charged with entering the dwelling house of another and the evidence shows that no one resided in the house at the time of the entry. If the owner resides elsewhere, Earnest argues, the house is not a dwelling within the meaning of OCGA § 16-7-1 and cannot be burglarized. Earnest contends, therefore, that there was a fatal variance between the allegata and the probata, the…