GRIFFIN v. STATE

56803.

148 Ga. App. 311 (1978)

251 S.E.2d 161

GRIFFIN v. THE STATE.

Court of Appeals of Georgia.

Decided December 1, 1978.


Attorney(s) appearing for the Case

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

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Victor Alexander, Jr., Carole E. Wall, Assistant District Attorneys, for appellee.


DEEN, Presiding Judge.

1. Where, as here, the defendant is indicted under the same set of facts in two counts for burglary and rape, a verdict finding him guilty of rape but not guilty of burglary is not void for contradiction as a matter of law. To convict of the crime of burglary (Code § 26-1601) it is not sufficient merely to prove an illegal entry, but there must also be evidence from which the jury may conclude that there was an intent to commit a theft...

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