BROOKS v. STATE

55867, 55868.

146 Ga. App. 519 (1978)

246 S.E.2d 506

BROOKS v. THE STATE. GRAHAM v. THE STATE.

Court of Appeals of Georgia.

Decided July 3, 1978.


Attorney(s) appearing for the Case

Jay William Fitt, for appellant (Case no. 55867).

Elkins, Flournoy & Gemmette, Thomas M. Flournoy, Jr., for appellant (Case no. 55868).

William J. Smith, District Attorney, Joe D. Whitley, Assistant District Attorney, for appellee.


SMITH, Judge.

Appellants were tried jointly and convicted of burglary. Since the trial court erroneously omitted instruction on the intent element of burglary, we must reverse the convictions.

1. The trial court charged the following definition of burglary: "[T]he law of the State of Georgia says that a person commits burglary when and without authority he enters the building of another." That charge constitutes reversible error as it omits the necessary stipulation...

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