SMITH v. STATE

45378.

122 Ga. App. 98 (1970)

176 S.E.2d 284

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided June 25, 1970.


Attorney(s) appearing for the Case

Hester & Hester, Frank B. Hester, Richard M. Hester, for appellant.

John T. Perren, District Attorney, for appellee.


HALL, Presiding Judge.

Defendant appeals from convictions for burglary and possessing burglary tools.

1. Defendant contends the trial, conviction and sentence under the second charge are nullities as the jury was neither questioned on void dire nor sworn to try the defendant for possessing burglary tools. (The oath given to the jury recited that defendant was charged with the offense of burglary). Defendant's acquiescence to the deviation until after verdict...

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