Legal Opinion

Lester v. State

Supreme Court of Georgia

Decided February 1, 1899PublishedCited by 11 opinions

Indictment for burglary. Before Judge Reese. Oglethorpe superior court. October term, 1898.

1Opinion of the CourtLittle, J.

We reverse the judgment of the court below, because the record in the case does not show sufficient evidence to support the finding of the jury. To maintain a conviction for the offense of burglary, it is absolutely essential that proof ■of the breaking and entering be made. It is not at all neces.sary for the character of evidence which establishes the corpus delicti to be positive and direct; but it is necessary that the corpus ■delicti be shown by evidence which is legal, admissible, and which establishes the fact beyond a reasonable doubt. If one be found in the recent possession of goods…

2Cited by11 opinions

  1. Holliday v. StateCourt of Appeals of Georgia · 1919
  2. Gunter v. StateSupreme Court of Arkansas · 1906
  3. Humphries v. StateSupreme Court of Georgia · 1919
  4. Knowles v. StateCourt of Appeals of Georgia · 1971
  5. Barlow v. StateCourt of Appeals of Georgia · 1916

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