Duke v. State
| Decision Date | 24 April 1957 |
| Docket Number | No. 2,No. 36660,36660,2 |
| Citation | 95 Ga.App. 620,98 S.E.2d 599 |
| Parties | Billy DUKE v. The STATE |
| Court | Georgia Court of Appeals |
George T. Bagby, Dallas, William Hall, Atlanta, for plaintiff in error.
Robert J. Noland, Solicitor-Gen., Douglasville, James I. Parker, Asst. Solicitor-Gen., Cedartown, for defendant in error.
Syllabus Opinion by the Court
The defendant was indicted together with Walter Huff, Harry Lee Bickers and George D. Byrne on an indictment which charged him (omitting the formal parts) in that he 'then and there, after having broken and entered said house, as aforesaid did wrongfully, feloniously, fraudulently and privately take and carry away from said storehouse with intent to steal the same fifteen cartons and six packages of cigarettes, one display card with half dozen pocket knives attached, three cartons of chewing gum, of the value of $41'. He was tried separately. The jury returned a verdict of guilty. The defendant filed a motion for new trial on the general grounds to which he thereafter added one special ground. In open court counsel for the defendant abandoned the general grounds and relied only on the one special ground.
The special ground assigns error because it is alleged that the court erred in giving the following charge to the jury: Counsel for the defendant states that on the trial of the case no witnesses were offered on behalf of the defendant; that the defendant only made a statement in his own behalf and the court fully and correctly charged the jury as to its right to believe the defendant's statement, even in preference to the sworn testimony.
The defendant's statement was as follows: ...
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Hudson v. State
...out regardless of what other articles may or may not have been taken. Dawson v. State, 99 Ga.App. 115, 107 S.E.2d 847; Duke v. State, 95 Ga.App. 620, 98 S.E.2d 599. Since many of the stolen items were identified by the victim's wife, the admission of a complete listing on the inventory if e......
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Dawson v. State, 37547
...State did this the crime of burglary was made out regardless of what other articles may or may not have been taken.' Duke v. State, 95 Ga.App. 620, 98 S.E.2d 599, 600. 3. 'In an indictment for larceny or for burglary the ownership of personal property may be laid in the person having actual......
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Nash v. Williamson, 36624
... ... situated, lying and being in the Fifteenth District, Fourth Section of said State and county, and being more particularly described in a certain warranty deed from Samuel Dean to Collin Williamson, recorded in Deed Record Book 'V', ... ...