Ealey v. State

Quillian, Judge.

Defendant appeals his conviction of burglary. Held:

Enumerated as error is the defendant’s contention that the state failed to prove "one of the essential elements of the offense of burglary, to wit: 'without authority.’ ” The following discourse occurred during the state’s examination of the burglary victim: "Q ... had you given Johnny Ealey [the defendant] authority to go into your house and to remove that sofa . . . [The Court]: I sustain that objection. [District Attorney]: Your Honor, this is an element of the offense. . .[The Court]: Yes, but I sustain the objection, and…