Shropshire v. State
Supreme Court of Georgia
Criminal Law.. Charge of Court. Before Judge UNDERWOOD. Floyd Superior Court. March Term, 1882. Sim Pyles and Wyly Shropshire were indicted in Floyd superior court for burglary. The former pleaded guilty, and the latter pleaded not guilty, and was put upon his trial.
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Criminal Law.. Charge of Court. Before Judge UNDERWOOD. Floyd Superior Court. March Term, 1882. Sim Pyles and Wyly Shropshire were indicted in Floyd superior court for burglary. The former pleaded guilty, and the latter pleaded not guilty, and was put upon his trial. On the trial, the evidence for the state was, in brief, as follows: The defendant, Sim Pyles, George Pyles and his wife, lived together in.the house of defendant, in which there were three beds occupied by the respective parties. Defendant and. Sim Pyles were seen together on the day before the burglary was committed. On the…
1Opinion of the Court
Crawford, Justice.
The plaintiff in error in this case was convicted of burglary, and possibly was guilty, but he moved for a new trial on several grounds, upon one of which, we think, it should have been granted.
The court was requested in writing to give the following charge to the jury: “The fact that goods were found in the room occupied by two, or three, or more persons, is not conclusive evidence that the goods were in the possession of any one of them.” To this charge the judge added : “That is true, gentlemen, provided the occupants of the room all occupy it alike. But if the house was…
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