Williams v. State
Supreme Court of Georgia
Criminal 3aw. Burglary in the night time. Before Judge Hopkins. Fulton Superior Court. April Term, 1872. William Williams was tried for the offense of burglary in the night time.
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Criminal 3aw. Burglary in the night time. Before Judge Hopkins. Fulton Superior Court. April Term, 1872. William Williams was tried for the offense of burglary in the night time. The charge contained in the indictment was as follows: “ For that the said William Williams, in the county aforesaid, on December 8th, 1871, about the hour of seven o’clock, in the night time of the same day, with force and arms, the store-house of one James Zachry, there situate, where valuable goods, wares and merchandise, to-wit: silk dresses, gloves and money were contained and stored, feloniously and…
1Opinion of the Court
McCay, Judge.
It is contended that the direction of the Court to the jury was wrong, for several reasons. 1st. It is said that the jury may always find the attempt instead of the act. And this is true if the evidence justifies it. But the evidence here is that the crime of burglary, to-wit, breaking and entering with intent to steal, is complete. At any rate it is not required that one shall steal to make burglary. So that here was no attempt to commit burglary. 2d. It is said the jury might, under the indictment, have found a verdict of guilty of burglary in the day time. The mistake here is,…
2Cited by9 opinions
- State v. CopenhaverMontana Supreme Court · 1907
- People v. SmithCalifornia Supreme Court · 1902
- In re McVeyNebraska Supreme Court · 1897
- State v. BeheeSupreme Court of Kansas · 1877
- Lanier v. StateSupreme Court of Georgia · 1886
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