Bethune v. State
Supreme Court of Georgia
Criminal law. Burglary. Indictment. New trial. Before Judge Buchanan. Coweta Superior Court. September Term, 1872. William Bethune was placed on trial for the offense of burglary, under the following indictment: “STATE OF GEORGIA — Coweta County: “The grand jurors selected, chosen and sworn for the county aforesaid, to-wit: * * * In the name and behalf of the citizens of Georgia, charge and accuse William Bethune, of the county aforesaid, with the offense of burglary: for…
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Criminal law. Burglary. Indictment. New trial. Before Judge Buchanan. Coweta Superior Court. September Term, 1872. William Bethune was placed on trial for the offense of burglary, under the following indictment: “STATE OF GEORGIA — Coweta County: “The grand jurors selected, chosen and sworn for the county aforesaid, to-wit: * * * In the name and behalf of the citizens of Georgia, charge and accuse William Bethune, of the county aforesaid, with the offense of burglary: for that, on the 11th day of July, in the year of our Lord, 1872, in the night of the same day, in said State and county, the…
1Opinion of the Court
McCay, Judge.
1. The offense was charged to have been committed in the night of a certain day; and the objection is that the indictment does not specify the hour. The last, clause of section 4320 of the Code, in defining burglary, says: “Burglary may be committed in the day or night;” and the next two sections prescibe the punishment for “burglary in the day time” and “burglary in the night.” It may be remarked, that by the Act of October 5th, 1868, the penalty for burglary in the night has been changed to imprisonment in the penitentiary, in all cases. We cannot see any reason why the hour of…
2Cited by4 opinions
- Davis v. StateSupreme Judicial Court of Maine · 1973
- Coleman v. StateCourt of Appeals of Georgia · 1940
- Jones v. StateCourt of Appeals of Georgia · 1913
- Marano v. StateCourt of Appeals of Georgia · 1952