Thomas v. State

Banke, Judge.

The appellant appeals his conviction for the burglary of an apartment building. Held:

1. The state’s motion to dismiss is denied. See Williams v. State, 144 Ga. App. 72 (1) (240 SE2d 591) (1977).

2. The custodian for the apartment building testified that he witnessed the appellant leaving the premises carrying a vacuum cleaner which he recognized as belonging to the apartments. The police were notified, and the appellant, still carrying the vacuum cleaner, was arrested coming out of a nearby pawn shop. The resident manager of the apartments testified that he had left his office to…