Hammontree v. State
Hammontree v. State
Opinion of the Court
1. Where in an indictment for burglary the ownership of the place alleged to have been burglarized is laid in a name which imports a corporation, “the presumption is that it is a corporation, and, in the absence of affirmative proof by the accused that no such corporation existed, and where there is no allegation in the indictment that it was a corporation, it is not necessary for the State to prove the fact of incorporation. And where a final judgment has been rendered, a judgment is not void, nor voidable, for the mere want of such proof. ” Vaughn v. State, 17 Ga. App. 268 (1) (86 S. E. 461). Under this ruling the first special ground of the motion for a new tidal is without merit.
2. The defendant’s conviction was amply authorized by the evidence,
3. In the light of the facts of the ease and of the charge as a whole, there is no substantial merit in any of the other assignments of error upon the charge of the court.
4 Hie verdict was amply authorized by the evidence, and it was not error to overrule the motion for a new trial.
Judgment affirmed.
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