Evans v. State
Supreme Court of Georgia
The Court of Appeals certified the following questions (in Case No. 7316) : ' “1. Would testimony showing that one was detected after breaking into the office of a gin-house (not used as a dwelling-house), with his head and a part of his body in the window, and with one hand inserted in the cash drawer and clutching a bag containing money, but was then interrupted and thereby prevented from carrying into effect an apparent intention to steal, tend to support a charge of…
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The Court of Appeals certified the following questions (in Case No. 7316) : ' “1. Would testimony showing that one was detected after breaking into the office of a gin-house (not used as a dwelling-house), with his head and a part of his body in the window, and with one hand inserted in the cash drawer and clutching a bag containing money, but was then interrupted and thereby prevented from carrying into effect an apparent intention to steal, tend to support a charge of burglary, under section 146 of the Penal Code of 1910, or would such proof be sufficient to show only a violation of section…
1Opinion of the CourtAtkinson, J.
1. Section 146 of the Penal Code (1910) is as follows: “Burglary is the breaking and entering into the dwelling, mansion, or storehouse, or other place of business of another, where valuable goods, wares, produce, or any other article of value are contained or stored, with intent to commit a felony or larceny. All outhouses contiguous to or within the curtilage or protection of the mansion or dwelling-house shall be considered *1008,s parts of the same. A hired room or apartment in a public tavern, inn, or boarding-house shall be considered as the dwelling-house of the person occupying or hiring…
2Cases cited1 opinion
- Williams v. Western & Atlantic RailroadSupreme Court of Georgia · 1914
3Cited by2 opinions
- Johnson v. StateCourt of Appeals of Georgia · 1947
- Evans v. StateCourt of Appeals of Georgia · 1916