Slappey v. State
| Decision Date | 26 October 1934 |
| Docket Number | 23838. |
| Parties | SLAPPEY v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The evidence for the state, as it appears in the record, leaves the question wholly uncertain as to whether the door of the house charged to have been broken into was closed, so as to show that there was such breaking as is necessary to constitute burglary.
Error from Superior Court, Stewart County; W. M. Harper, Judge.
Henry Slappey was convicted of burglary, and he brings error.
Reversed.
G. Y Harrell, of Lumpkin, for plaintiff in error.
Hollis Fort, Sol. Gen., of Americus, for the State.
Henry Slappey was convicted of burglary, and his motion for a new trial was overruled. He thereupon filed exceptions to the judgment overruling the motion for a new trial.
The counsel for the plaintiff in error states that there is no doubt of the guilt of Slappey of larceny from the house, but contends that the evidence did not authorize a conviction of burglary, for the reason that it did not show that there was a breaking, within the meaning of the law relating to burglary. The testimony in effect with reference to the breaking was given by the prosecutor as follows: The prosecutor further testified that just prior to the time he went to Mr. Dillard's he had called the defendant out of the field, late in the afternoon, to bring the horse and put him in the stable, and when the prosecutor went into the stable to feed the horse, which took about twelve minutes,
The defendant knew that the prosecutor was going to Mr Dillard's. On cross-examination the prosecutor testified that he went back in the house after feeding his horse picked up his hat and stick, went out the back door,...
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United States v. Evans
...26 S.E.2d 663 (1943). Appellant urges the applicability of Mosley v. State, 49 Ga.App. 147, 174 S.E. 543 (1934) and Slappey v. State, 50 Ga.App. 17, 176 S.E. 908 (1934). In the former case there was a total lack of evidence as to whether the doors and windows of a house, in which defendant ......
- Slappey v. State, 23838.
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Gentry v. State, 33443
...could have been obtained, the crime of burglary has not been proved. See Mosley v. State, 49 Ga.App. 147, 174 S.E. 543; Slappey v. State, 50 Ga.App. 17, 176 S.E. 908, 909. In the present case the testimony showed that the front and back doors were shut but not locked. This constituted the s......
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Cook v. State, 28335.
...this connection, Rex v. Lawrence, 19 English Common Law Reports 490; Lock-hart v. State, 3 Ga.App. 480(2), 60 S.E. 218; Slappey v. State, 50 Ga.App. 17, 176 S.E. 908; Bunts v. State, 50 Ga.App. 71, 176 S.E. 910. The cases cited in the brief of the solicitor-general are differentiated by the......