Georgia Court of Appeals, 1963

Millwood v. State

Millwood v. State
Georgia Court of Appeals · Decided September 4, 1963 · Frankum
108 Ga. App. 279; 132 S.E.2d 808; 1963 Ga. App. LEXIS 609

Millwood v. State

Opinion of the Court

Frankum, Judge.

1. Where an indictment for burglary charges that the breaking and entering of a storehouse was done with the intent of committing a larceny, and the larceny of goods of the value of more than $50 is particularly set out, two felonious offenses are charged, to wit, burglary and larceny *280from the house, and there may be a conviction of the accused of .larceny from the house. Code §§ 26-2401, 26-2630; Williams v. State, 60 Ga. 88 (2); Polite v. State, 78 Ga. 347 (1); Ray v. State, 121 Ga. 189 (48 SE 903); Cannon v. State, 125 Ga. 785, 787 (54 SE 692); Thomas v. State, 18 Ga. App. 101 (3) (88 SE 917); Butts v. State, 26 Ga. App. 40 (1) (105 SE 372). The conviction of the defendant of larceny from the house was authorized by the evidence.

Decided September 4, 1963. Stow &. Andrews, Robert E. Andrews, for plaintiff in error. Jess H. Watson, Solicitor General, contra.

2. The part of the charge of the court attacked by the defendant in the special ground of his motion for a new trial was not abstractly incorrect, and the judge did not in so charging direct the jury to find the defendant guilty of any offense. Therefore, this ground of the motion is without merit.

Judgment affirmed.

Nichols, P. J., and Jordan, J., concur.

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