Berry v. State
Supreme Court of Georgia
Indictment for breaking and entering a railroad-car, etc. Before Judge Felton. Bibb superior court. November term, 1905. Wade Berry was arraigned upon an indictment which charged that he “ did break and enter a railroad-ear of the Central of Georgia Eailway Co., with the intent to steal the goods, wares, and freight therein contained, and, after .so breaking and entering, did steal therefrom one hand-satchel of the value of twelve dollars,” etc.
Read the full summary
Indictment for breaking and entering a railroad-car, etc. Before Judge Felton. Bibb superior court. November term, 1905. Wade Berry was arraigned upon an indictment which charged that he “ did break and enter a railroad-ear of the Central of Georgia Eailway Co., with the intent to steal the goods, wares, and freight therein contained, and, after .so breaking and entering, did steal therefrom one hand-satchel of the value of twelve dollars,” etc. The accused filed a special demurrer to the indictment, on the ground that in one count it sought to charge him with two offenses; first, that he…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The indictment was framed under the Penal Code, §184, which is in the following language: "Any person who shall break and enter any railroad-car with intent to steal any goods, wares, freight, or other thing of value being therein, or who shall, after breaking, steal therefrom any goods, freight, or other thing of value being therein, shall be punished by confinement in the penitentiary for not less than one nor more than five years.” This section embraces two offenses. The one is committed where the railroad-car is broken and entered with intent to steal,…
2Cases cited3 opinions
- Williams v. StateSupreme Court of Georgia · 1878
- Houser v. StateSupreme Court of Georgia · 1877
- Stokes v. StateSupreme Court of Georgia · 1890
3Cited by10 opinions
- Peters v. StateCourt of Appeals of Georgia · 1985
- Mitchell v. StateCourt of Appeals of Georgia · 1909
- Sisson v. StateCourt of Criminal Appeals of Alabama · 1987
- Boyd v. StateCourt of Appeals of Georgia · 1908
- Brooks v. StateSupreme Court of Georgia · 1934
5 more not listed; retrieve them via the Exa API.