Cook v. State
11 S.E.2d 217 | Ga. Ct. App. | 1940
Where one enters into the dwelling of another, with the intent to commit a felony or larceny, and the entering is accomplished by climbing through an open window, the mere pushing aside of the window curtains does not amount to a "breaking" within the meaning of the statute (Code of 1933, § 26-2401) defining the offense of burglary.
Judgment reversed. MacIntyre and Gardner, JJ., concur.