Legal Opinion

Yawn v. State

Court of Appeals of Georgia

Decided January 25, 1956No. 35962PublishedCited by 2 opinions

1Opinion of the CourtCarlisle, J.

1. Breaking and entering are essential elements of the offense of burglary; and, where the State relies on circumstantial evidence alone to show such breaking and entering such evidence must be sufficient to exclude every other reasonable hypothesis save that of the guilt of the accused (Gentry v. State, 83 Ga. App. 330, 63 S. E. 2d 611; Mosley v. State, 49 Ga. App. 147, 174 S. E. 543; Slappey v. State, 50 Ga. App. 17, 176 S. E. 908); and, where, upon the trial of one charged in an indictment in two counts with burglarizing a named place of business on two named dates from which he stole…

2Cases cited6 opinions

  1. Bacon v. StateSupreme Court of Georgia · 1952
  2. Hawkins v. StateCourt of Appeals of Georgia · 1909
  3. Mosley v. StateCourt of Appeals of Georgia · 1934
  4. Scott v. StateCourt of Appeals of Georgia · 1914
  5. Slappey v. StateCourt of Appeals of Georgia · 1934

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3Cited by2 opinions

  1. State v. NewtonSupreme Court of Georgia · 2014
  2. Hampton v. StateCourt of Appeals of Georgia · 1978

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