Kent v. State
Supreme Court of Georgia
Burglary. Criminal law. Before Judge Smith. Muscogee superior court. May term, 1889. Kent was indicted for burglary of goods from a factory. The evidence showed that he was detected in the act of entering the front door of the building and of returning, shortly afterwards, with the stolen goods. He was immediately arrested and soon afterwards admitted his guilt. The facts as to the manner of his entering the house are stated in the opinion.
Read the full summary
Burglary. Criminal law. Before Judge Smith. Muscogee superior court. May term, 1889. Kent was indicted for burglary of goods from a factory. The evidence showed that he was detected in the act of entering the front door of the building and of returning, shortly afterwards, with the stolen goods. He was immediately arrested and soon afterwards admitted his guilt. The facts as to the manner of his entering the house are stated in the opinion. The court charged that such entrance would be a breaking ; and refused to -charge that if the door was one of common entrance to the factory and had been…
1Opinion of the Court
Bleckley, Chief Justice.
The case makes but one legal question, and that is whether the breaking was such as to constitute the element of breaking in the offence of burglary. We think it was. The door was locked in the night-time, but -only bolted in the daytime. It was bolted in this instance. The fastening was such as was usual at that hour. The hour, being between four and five o’clock in the morning, was so early as to afford no invitation to the general public to enter. There was no consent by the owner to an entry at such an hour by the public or by any persons except those who by reason…
2Cited by6 opinions
- Mullinnix v. StateCourt of Appeals of Georgia · 1985
- People v. HamiltonCalifornia Court of Appeal · 1967
- Entwisle v. the StateCourt of Appeals of Georgia · 2017
- Mosley v. StateCourt of Appeals of Georgia · 1934
- United States v. Kedric EvansCourt of Appeals for the Fifth Circuit · 1969
1 more not listed; retrieve them via the Exa API.