Johnson v. State

In special ground 1, the defendant con-

tends that the court erred in refusing to grant a motion by defendant’s counsel to dismiss on the ground that a breaking and entering had not been shown. “The refusal of the court to direct a verdict in a criminal case can not be made the subject-matter of :an assignment of error in the reviewing court.” Nalley v. State, 11 Ga. App. 15 (7) (supra); Douberly v. State, 184 Ga. 577, 578 (3) (192 S. E. 226).

In special grounds 2, 3, 4, and 7, the defendant contends that the court erred in failing to charge the Code, § 26-2633; that the court should have…