McCrary v. State

Lumpkin, Justice.

The accused was indicted for burglary, the charge being that he broke and entered the storehouse of the prosecutor with intent to commit a larceny of a “five-gallon keg of whiskey of the value of fifteen dollars.” After conviction, he moved for a new trial on the general grounds that the verdict was contrary to law and the evidence.

There was ample evidence of the breaking and entering by the accused, and of the actual larceny by him from that house of a keg of whiskey containing-five gallons, and in these respects the case of the State was sufficiently proved. The main…