Supreme Court of Georgia, 1901

Rush v. State

Rush v. State
Supreme Court of Georgia · Decided November 7, 1901 · Lumpkin
114 Ga. 113; 39 S.E. 941; 1901 Ga. LEXIS 593

Rush v. State

Opinion of the Court

Lumpkin, P. J.

Where an indictment for burglary charged that the accused broke and entered a designated house with intent to steal therefrom a specific article, and there was no proof that this article was ever in the house, or that the accused had any reason to believe it was, a verdict of guilty can not stand.

Judgment reversed.

All the Justices concurring.

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