Green v. State, s. 61465
| Decision Date | 20 April 1981 |
| Docket Number | 61466,Nos. 61465,s. 61465 |
| Citation | 158 Ga.App. 321,279 S.E.2d 763 |
| Parties | GREEN v. The STATE. SNEED v. The STATE. |
| Court | Georgia Court of Appeals |
S. Andrews Seery, Thomasville, for appellant (No. 61465).
Steve Messinger, Thomasville, for appellant (No. 61466).
H. Lamar Cole, Dist. Atty., Dwight May, Dick Shelton, James Thagard, Asst. Dist. Attys., for appellee.
Appellants in these companion cases appeal their convictions of burglary.
1. Appellants enumerate as error the denial of their motions for directed verdicts of acquittal. On appeal they argue, in effect, that the state failed to introduce evidence of their "intent to commit a felony or theft" within the entered building, an element of the crime of burglary as defined in Code Ann. § 26-1601. We conclude that, in this case, there was sufficient evidentiary support for a finding of the requisite intent. Parrish v. State, 141 Ga.App. 631(1), 234 S.E.2d 174 (1977).
2. After the charge, the jury asked the trial court "to clarify the definition of Trespass and Burglary." While appellants do not contend that the recharge on this matter was erroneous in its content, they urge that as phrased it was argumentative and emphasized the state's case against them. We have carefully studied the transcript and find that the recharge was responsive to the jury's question and was not erroneous for any reasons urged on appeal. Warren v. State, 44 Ga.App. 235, 237, 161 S.E. 161 (1931). See also Brown v. State, 142 Ga.App. 247, 235 S.E.2d 671 (1977).
Judgments affirmed.
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Brown v. State
...can support an inference of intent to steal (cit.), particularly when no other motive is apparent. (Cit.)" ' Green v. State, 158 Ga.App. 321(1) (279 SE2d 763) (1981)." Miller v. State, 208 Ga.App. 547(1), 430 S.E.2d 873. The evidence is sufficient to authorize the jury's verdict that defend......
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McNair v. State, A89A0013
...is apparent. (Cit.) The evidence supported the verdict.' Parrish v. State, 141 Ga.App. 631(1), (234 SE2d 174) (1977)." Green v. State, 158 Ga.App. 321(1), 279 S.E.2d 763. See also Fennell v. State, 159 Ga.App. 194, 195, 283 S.E.2d 72; Loury v. State, 147 Ga.App. 152(1), 248 S.E.2d 291; and ......
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Moon v. State
...is apparent. [Cit.] The evidence supported the verdict." Parrish v. State, 141 Ga.App. 631(1) (234 SE2d 174) (1977).' Green v. State, 158 Ga.App. 321(1) (279 SE2d 763). See also Fennell v. State, 159 Ga.App. 194, 195 (283 SE2d 72); Loury v. State, 147 Ga.App. 152(1) (248 SE2d 291); and Eale......
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Miller v. State, A93A0087
...can support an inference of intent to steal (cit.), particularly when no other motive is apparent. (Cit.)' " Green v. State, 158 Ga.App. 321(1), 279 S.E.2d 763 (1981). A rational trier of fact could reasonably have found from the evidence adduced below proof of appellant's guilt beyond a re......