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SELLERS v. STATE

32909.

81 Ga. App. 84 (1950)

57 S.E.2d 877

SELLERS v. THE STATE.

Court of Appeals of Georgia.

Decided February 24, 1950.

Attorney(s) appearing for the Case

Newell J. Smith, J. D. Godfrey, Casey Thigpen, for plaintiff in error.

W. H. Lanier, Solicitor-General, E. T. Averett, contra.

GARDNER, J.

(a) The defendant was convicted of burglary. His amended motion for a new trial was overruled. He assigns error here on that judgment.

Special ground 1 complains of the following charge of the court: "Gentlemen of the jury in this case if you find in considering the evidence and the defendant's statements that the property, or any part of it, alleged to have been taken from the house referred to in the

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