Goldsmith v. State
Supreme Court of Georgia
Criminal law. Burglary. Alibi. Before Judge Hillter. DeKalb Superior Court. September Term, 1878. Goldsmith was placed on trial for the offense of burglary in the night-time. The indictment charged that he 1‘ did break and enter the dwelling house of Edward B. Walker, with intent to commit a larceny, and after breaking and entering, was detected and prevented from committing the larceny.” He pleaded not guilty.
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Criminal law. Burglary. Alibi. Before Judge Hillter. DeKalb Superior Court. September Term, 1878. Goldsmith was placed on trial for the offense of burglary in the night-time. The indictment charged that he 1‘ did break and enter the dwelling house of Edward B. Walker, with intent to commit a larceny, and after breaking and entering, was detected and prevented from committing the larceny.” He pleaded not guilty. The only evidence material to an understanding of the decision was that of Miss Magill. She testified as follows : In the month of July she lived at the residence of E. B. Walker, in…
1Opinion of the Court
Bleckley, Justice.
1. We need not decide whether the doctrine of '‘breaking out” is applicable to our statute, and to this indictment under it. The proposition of the court in charging the jury on the subject, may or may not be sound law in the abstract, but in a material part it is obviously inapplicable to the facts of the present case. There is no evidence showing, or tending to show, that the burglar entered the house by fraud, and concealed himself, or that he committed a larceny. The indictment itself negatives the commission of any larceny, and so, too, does the testimony. As to fraud,…
2Cases cited1 opinion
- Johnson v. StateSupreme Court of Georgia · 1877
3Cited by6 opinions
- Harrison v. StateSupreme Court of Georgia · 1889
- Davis v. KirklandCourt of Appeals of Georgia · 1907
- Smith v. StateCourt of Appeals of Georgia · 1907
- Jackson v. StateSupreme Court of Georgia · 1879
- Richmond & Danville Railroad v. AllisonSupreme Court of Georgia · 1892
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