Daniel v. State
Court of Appeals of Georgia
Indictment for burglary; from Cobb superior court—Judge Morris. October 6, 1919. Application for certiorari was denied by the Supreme Court. The indictment charged that the accused broke and entered a certain storehouse and took and carried away certain automobile tires and tubes, with intent to steal them.
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Indictment for burglary; from Cobb superior court—Judge Morris. October 6, 1919. Application for certiorari was denied by the Supreme Court. The indictment charged that the accused broke and entered a certain storehouse and took and carried away certain automobile tires and tubes, with intent to steal them. A number of specific objections to the description of the articles alleged to have been taken were made by demurrer to the indictment, and it tvas contended that because of insufficiency in the respects stated the indictment was fatally defective. The property was described as follows:…
1Opinion of the CourtBroyles, C. J.
1. The court properly overruled the demurrer to the indictment. See, in this connection, Blackmon v. State, 24 Ga. App. 384 (100 S. E. 730).
2. Conceding, but not deciding, that the court erred in refusing to charge section 1062 of the Penal Code of 1910, and in failing to instruct the jury that if they found the defendant guilty of burglary they had a right to recommend that he be punished as for a misdemeanor, this error was evidently harmless, since the jury in their verdict (under the indeterminate sentence act approved August 18, 1919, Ga. L. 1919, p. 387), fixed the minimum punishment of…
2Cases cited1 opinion
- Blackmon v. StateCourt of Appeals of Georgia · 1919
3Cited by7 opinions
- State v. DixonTennessee Supreme Court · 1975
- Maxwell v. StateCourt of Appeals of Georgia · 1958
- Harris v. StateCourt of Appeals of Georgia · 1933
- McHenry v. StateCourt of Appeals of Georgia · 1938
- Summerville v. StateCourt of Appeals of Georgia · 1943
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