Butts v. State

• Citation: 26 Ga.App. 40,105 S.E. 372
• Decision Date: 15 December 1920
• Docket Number: (No. 11852.)
• Parties: BUTTS. v. STATE.
• Court: United States Court of Appeals (Georgia)

26 Ga.App. 40

105 S.E. 372

BUTTS.

v.STATE.

(No. 11852.)

Court of Appeals of Georgia,

Division No. 1.

Dec. 15, 1920.

(Syllabus by Editorial Staff.)

Error from Superior Court, Jasper County; Jas. B. Park, Judge.

Dan Butts was convicted of larceny, and he brings error. Affirmed.

W. S. Florence, of Monticello, for plaintiff in error.

Doyle Campbell, Sol. Gen., and A. Y. Clement, both of Monticello, for the State.

BROYLES, C. J. [1] 1. Where, upon the trial of one charged with burglary, the evidence makes out a case of burglary, including larceny from the house, the accused may be legally convicted of the last-named offense. Barlow v. State, 77 Ga. 448; Green v. State, 119 Ga. 120, 45 S. E. 990; Lockhart v. State, 3 Ga. App. 480, 60 S. E. 215.

2. The alleged newly discovered evidence is largely cumulative and impeaching in its character, and does not require a new trial of the case.

3. The verdict was amply authorized by the evidence, and none of the special grounds of the motion for a new trial shows cause for a reversal of the judgment below.

Judgment, affirmed.

LUKE and BLOODWORTH, JJ., concur.