Berry v. State
| Decision Date | 05 June 1893 |
| Citation | 92 Ga. 47,17 S.E. 1006 |
| Parties | BERRY. v. STATE. |
| Court | Georgia Supreme Court |
Burglary—Indictment —Description of Premises—Evidence—Arrest of Judgment.
1. It is not cause for arresting the judgment, after a verdict of guilty of burglary, that the house alleged to have been broken and entered is described in the indictment as "the storehouse of Woodlawn, Leo & Macedonia Alliance Co-Operated Store." Hatfield v. State, 76 Ga. 499.
2. The description of the house being as stated above, and the evidence showing that the Macedonia Alliance had no ownership or interest in the house or the goods stored therein, the evidence failed to support the indictment; and, there being no evidence that the house broken and entered was situated in the county in which the bill of indictment was found and the trial took place, the court erred in not granting a new trial.
(Syllabus by the Court.)
Error from superior court, White county; C. J. Wellborn, Judge.
Joe M. Berry was convicted of burglary, and brings error. Reversed.
Underwood & Son, J. J. Bowdin, J. B. Estes, and Price & Charters, for plaintiff in error.
Howard Thompson, Sol. Gen., for the State.
SIMMONS, J. 1. The indictment under which the defendant was convicted charged that he broke and entered "the storehouse of Woodlawn, Leo & Macedonia Alliance Co-Operated Store." He moved to arrest the judgment because the indictment failed to allege ownership. This objection, if good, should have been taken before trial, and is not cause for arresting the judgment after a verdict of guilty. Code, § 4629; Hatfield v. State, 76 Ga. 499.
2. There is no evidence in therecord that the storehouse was known as" Woodlawn, Leo & Macedonia Alliance Co-Operated Store, Suballiances, " who operated the business, and whose respective interests were represented by shares, a small portion of the shares belonging to the Woodlawn and...
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