Georgia Court of Appeals, 1910

White v. State

White v. State
Georgia Court of Appeals · Decided April 6, 1910 · Hill
7 Ga. App. 596; 67 S.E. 705; 1910 Ga. App. LEXIS 410

White v. State

Opinion of the Court

Hill, C. J.

1. A judgment overruling a demurrer to an indictment can not be made a ground for a new trial. Such a judgment must be excepted to directly, either pendente lite or in the bill of exceptions. Sconyers v. State, 6 Ga. App. 804 (65 S. E. 814).

2. Where one opens from the outside a bolted window of a dwelling house,' by lifting the latch, and thus enters the house, except as to his lower limbs, and is then detected and prevented from making further entrance, there is a sufficient “breaking and entering,” within the meaning of the statute defining burglary. Cooper v. State, 69 Ga. 761.

3. No error of law appears, and the evidence Supports the verdict.

Judgment ajirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.