Ealey v. State

Bell, Chief Judge.

Defendant was convicted of simple assault and burglary. The appeal is limited to the contention that the burglary count of the indictment is fatally defective. This count in pertinent part alleged that defendant "did without authority and with intent to commit a felony, did enter the dwelling house of. . .” State v. Lockhart, 24 Ga. 420 held that if a burglary indictment fails to specify the felony which the defendant intended to commit, the defect is fatal. This case controls.

Submitted September 16,1975 Decided September 22, 1975 Rehearing denied October 23, 1975. Harrison,…