Legal Opinion

Chester v. State

Court of Appeals of Georgia

Decided November 30, 1964No. 40994PublishedCited by 4 opinions

1Opinion of the Court

Russell, Judge.

1. It must be alleged and proved in an indictment for burglary that there was a breaking and entering of one of the classes of buildings set out in the statute. Burglary, which was originally a crime against the habitation only, is still a crime restricted only to the types of buildings enumerated therein. Hutchins v. State, 3 Ga. App. 300, 301 (59 SE 848). Where the building is not a “dwelling, mansion, or storehouse,” it must either be alleged to be a place of business or the descriptive words must be sufficient to show that *734the structure is used as the place of business of…

2Cases cited6 opinions

  1. Hutchins v. StateCourt of Appeals of Georgia · 1907
  2. Mash v. StateCourt of Appeals of Georgia · 1954
  3. Davenport v. StateCourt of Appeals of Georgia · 1921
  4. Jones v. StateCourt of Appeals of Georgia · 1913
  5. Moody v. StateCourt of Appeals of Georgia · 1927

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. United States v. Nathan E. GundyCourt of Appeals for the Eleventh Circuit · 2016
  2. Morris v. StateCourt of Appeals of Georgia · 1983
  3. United States v. Nathan E. GundyCourt of Appeals for the Eleventh Circuit · 2016
  4. United States v. Nathan E. GundyCourt of Appeals for the Eleventh Circuit · 2016

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