Legal Opinion

White v. State

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 16 opinions

Burglary. Before Judge Pottle. Madison Superior Court. September Term, 1873. George White was placed on trial for the offense of burglary, alleged to have been committed on June 25th, 1873, by breaking and entering the dwelling house of one George L. Rice, with the intent to commit a rape upon the person of one Amanda J. Rice, and by having escaped from said house by breaking out of the same. The defendant pleaded not guilty. The jury found to the contrary.

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Burglary. Before Judge Pottle. Madison Superior Court. September Term, 1873. George White was placed on trial for the offense of burglary, alleged to have been committed on June 25th, 1873, by breaking and entering the dwelling house of one George L. Rice, with the intent to commit a rape upon the person of one Amanda J. Rice, and by having escaped from said house by breaking out of the same. The defendant pleaded not guilty. The jury found to the contrary. Whereupon the defendant moved for a new trial upon the following, among other grounds : ■ Because the court erred in charging the jury as…

1Opinion of the Court

McCay, Judge.

There was absolutely no proof of any breaking and entering into in this case, and to sustain the conviction the charge of the judge must be right. Either breaking out means also breaking into, or the statute of Anne, making “entering with intent to commit a felony and breaking out, burglary,” is of force in this state. Ever since our first Code, (1833,) it has been the uniform understanding that we had no crimes in this State save such as were defined and punished in the Code. The Code of 1833 defined burglary to be the breaking and entering into, etc., and this definition has…

2Cited by16 opinions

  1. Meece v. CommonwealthKentucky Supreme Court · 2011
  2. Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  3. Chambers v. StateSupreme Court of Georgia · 1942
  4. Perry v. StateCourt of Criminal Appeals of Oklahoma · 1947
  5. Sample v. StateCourt of Special Appeals of Maryland · 1976

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