Tremble v. State

1. Plaintiff in error was convicted of burglary. 'In White v. State, 51 Ga. 285, the headnote is as follows: “If one enter a house with intent to commit a felony, but the entering is through an open door without any breaking, actual or constructive, the offense is not burglary; nor, under our Code, § 4386 [§ 146 of the Penal Code of 1910], is it a sufficient ‘breaking and entering into,’ that having entered with intent to commit a felony, he unbolts a door to get out.” The prosecutor in the instant case swore: “Some one went in my store when I was gone to supper; they went in through the…