Miller v. State

Quillian, Presiding Judge.

Appeal was taken from the defendant’s conviction for burglary. Held:

1. The defendant was charged with unlawful entry with intent to commit a felony. Under the facts and circumstances the question of intent was for the jury’s determination. Thompson v. State, 76 Ga. App. 239 (3) (45 SE2d 675); Wells v. State, 144 Ga. App. 841 (242 SE2d 752). Moreover, there was evidence showing assault with a deadly weapon — aggravated assault — a felony. Code Ann. § 26-1302 (Ga. L. 1968, pp. 1249,1280; Ga. L. 1976, p. 543). See Scott v. State, 141 Ga. App. 848, 849 (234 SE2d 685);…