Legal Opinion

Butts v. State

Court of Appeals of Georgia

Decided December 15, 1920No. 11852PublishedCited by 4 opinions

Indictment for burglary; from Jasper superior court — Judge Park. September 1, 1920.

1Opinion of the CourtBroyles, C. J.

1. Where, upon the trial of one charged with burglary, the evidence makes out a case of burglary including larceny from the house, the accused may be legally convicted of the last named offense. Barlov. State, 77 Ga. 448; Green v. State, 119 Ga. 120 (45 S. E. 990); Lockhart v. State, 3 Ga. App. 480 (60 S. E. 215).

2. The alleged newly discovered evidence is largely cumulative and impeaching in its character and does not require a new trial of the case.

3. The verdict was amply, authorized by the evidence, and none of the special grounds of the motion for a new trial shows cause for a reversal…

2Cases cited3 opinions

  1. Barlow v. StateSupreme Court of Georgia · 1886
  2. Green v. StateSupreme Court of Georgia · 1903
  3. Lockhart v. StateCourt of Appeals of Georgia · 1908

3Cited by4 opinions

  1. Craft v. StateCourt of Appeals of Georgia · 1971
  2. Coleman v. StateCourt of Appeals of Georgia · 1940
  3. Millwood v. StateCourt of Appeals of Georgia · 1963
  4. Vinson v. StateCourt of Appeals of Georgia · 1921

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