SMITH v. STATE

No. A97A0011.

485 S.E.2d 572 (1997)

226 Ga. App. 9

SMITH v. The STATE.

Court of Appeals of Georgia.

April 3, 1997.


Attorney(s) appearing for the Case

William D. Kelly, Columbus, for appellant.

Alan A. Cook, District Attorney, for appellee.


JOHNSON, Judge.

Joseph Smith, Jr. contends that the evidence was insufficient to support his burglary conviction because the unfinished house from which he removed a fireplace was not completely enclosed or secured and had not yet been used as a dwelling. This argument is without merit.

Under OCGA § 16-7-1(a), "[a] person commits the offense of burglary when, without authority and with the intent to commit...

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