State v. Kennedy

Hines, Justice.

William Kennedy, Jr., was convicted of burglarizing the home of his mother-in-law and estranged wife. The Court of Appeals reversed the conviction based on our holding in Division 3 of Mitchell v. State, 263 Ga. 129 (429 SE2d 517) (1993). Kennedy v. State, 215 Ga. App. 232 (450 SE2d 252) (1994). We granted the State’s application for writ of certiorari to revisit our holding in Mitchell.

“A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another. ...” OCGA §…