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THOMAS v. STATE

55907.

146 Ga. App. 530 (1978)

246 S.E.2d 514

THOMAS v. THE STATE.

Court of Appeals of Georgia.

Decided July 3, 1978.

Attorney(s) appearing for the Case

Nicholson & De Pascale, Ernest De Pascale, for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.

BANKE, Judge.

The appellant appeals his conviction for the burglary of an apartment building. Held:

1. The state's motion to dismiss is denied. See Williams v. State, 144 Ga.App. 72 (1) (240 S.E.2d 591) (1977).

2. The custodian for the apartment building testified that he witnessed the appellant leaving the premises carrying a vacuum cleaner which he recognized...

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