Legal Opinion

Lockhart v. State

Court of Appeals of Georgia

Decided January 27, 1908No. 913PublishedCited by 8 opinions

Accusation, of larceny from house, from city court of Tifton — - Judge Eve. December 11, 1907.

1Opinion of the CourtRussell, J.

1. The evidence fully established that the defendant was; guilty of the theft of the whisky. The testimony showed that the defendant entered the house in question through an open door,’ and that lie went out, after committing larceny, through a back window. Breaking-out -is not burglary. White v. State, 51 Ga. 285.

2. One may be guilty of burglary as to a room or apartment in a house,, portions of which are open to the public, where such force, however-slight, as may be sufficient to effect an entrance is used in entering-either a room or any other division of such public house. Daniels v.…

2Cases cited3 opinions

  1. Daniels v. StateSupreme Court of Georgia · 1886
  2. White v. StateSupreme Court of Georgia · 1874
  3. Green v. StateSupreme Court of Georgia · 1903

3Cited by8 opinions

  1. Craft v. StateCourt of Appeals of Georgia · 1971
  2. Lacey v. CommonwealthCourt of Appeals of Virginia · 2009
  3. Mosley v. StateCourt of Appeals of Georgia · 1934
  4. Cook v. StateCourt of Appeals of Georgia · 1940
  5. Butts v. StateCourt of Appeals of Georgia · 1920

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