Lockhart v. State

• Decision Date: 27 January 1908
• Docket Number: 913.
• Citation: 60 S.E. 215,3 Ga.App. 480
• Parties: LOCKHART v. STATE.
• Court: Georgia Court of Appeals

60 S.E. 215

3 Ga.App. 480

LOCKHART v. STATE.

No. 913.

Court of Appeals of Georgia

January 27, 1908

Syllabus by the Court.

The evidence fully established that the defendant was guilty of the theft of the whisky. The testimony showed that the defendant entered the house in question through an open door, and that he went out, after committing larceny, through a back window. Breaking out is not burglary. White v. State, 51 Ga. 285.

[Ed. Note.-For cases in point, see Cent. Dig. vol. 8, Burglary, § 11.]

One may be guilty of burglary as to a room or apartment in a house, portions of which are open to the public, where such force, however slight, as may be sufficient to effect an entrance, is used in entering either a room or any other division of such public house. Daniels v. State, 78 Ga. 98, 6 Am.St.Rep. 238. But as to a private dwelling house a breaking into the house is necessary to be shown, in order to constitute a burglary. The breaking and entering of one of the rooms of such private dwelling house, where the entrance into the house is accomplished without breaking, is not burglary.

[Ed. Note.-For cases in point, see Cent. Dig. vol. 8, Burglary, § 12.]

Although the accusation and the evidence make a case of burglary, yet, if they also make a case of larceny from the house, the defendant may be convicted of the latter offense. Green v. State, 119 Ga. 120, 45 S.E. 990 (1).

[Ed. Note.-For cases in point, see Cent. Dig. vol. 27, Indictment and Information, § 608.]

Error from City Court of Tifton; R. Eve, Judge.

Bob Lockhart was convicted of larceny, and brings error. Affirmed.

J. B. Murrow and Jno. J. Murray, for plaintiff in error.

W. J. Wallace, Sol., for the State.

RUSSELL, J.

Judgment affirmed.