EALEY v. STATE

52163.

139 Ga. App. 110 (1976)

227 S.E.2d 902

EALEY v. THE STATE.

Court of Appeals of Georgia.

Decided June 21, 1976.


Attorney(s) appearing for the Case

Harrison, Jolles, Miller & Bush, Charles F. Miller, Jr., for appellant.

Richard E. Allen, District Attorney, Lansing B. Lee, III, Assistant District Attorney, for appellee.


QUILLIAN, Judge.

Defendant appeals his conviction of burglary. Held:

Enumerated as error is the defendant's contention that the state failed to prove "one of the essential elements of the offense of burglary, to wit: `without authority.'" The following discourse occurred during the state's examination of the burglary victim: "Q ... had you given Johnny Ealey [the defendant] authority to go into your house and to remove that sofa ...[The Court]: I sustain...

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