Lumpkin v. State

Smith, Justice.

This case comes to us by certiorari from the Court of Appeals. James Lumpkin was charged with three counts of burglary and one alternative count of theft by receiving stolen property. He appeals from his conviction on two of the burglary counts and the theft by receiving count, alleging as error two jury charges by the trial court. The Court of Appeals affirmed appellant’s conviction. Lumpkin v. State, 161 Ga. App. 53 (289 SE2d 274) (1982). We affirm, but for *835reasons different from those articulated by the court below.

1. The Court of Appeals did not address the merits of…