Kennedy v. State

This disturbing result is mandated by the Supreme Court’s holding that a married defendant cannot be convicted of burglarizing the home of his or her spouse as a matter of law, even if the couple is no longer living together. See Mitchell v. State, 263 Ga. 129 (3) (429 SE2d 517) (1993).

I am tempted to try to distinguish this case on the grounds that the burglarized dwelling was the home of defendant’s mother-in-law rather than his estranged wife. As the trial court recognized at the conclusion of the bench trial, however, the evidence did not support this distinction. Moreover, such a…