Holland v. State

Jan 24, 1901
Reporters:
, ,
Before:
Little
Little, J.

1. While evidence that a dwelling-house was temporarily left by the occupant; that ‍​‌​​‌‌‌‌‌​‌‌‌​‌‌​​‌​‌‌​‌​‌‌​​‌‌​​‌​‌​​​‌‌​‌​​‌​​​‌‌‌‌‌​​​‌​​​‌‌‌‌​‌‌‌​​‌‌​‌​​‌‌​​​‌​‌‌​​‌​‌‌​‌​‌‍the doors were locked and the windows securely fastened; that while in this condition it was entered and valuable goods were taken •therefrom; that there were no ‍​‌​​‌‌‌‌‌​‌‌‌​‌‌​​‌​‌‌​‌​‌‌​​‌‌​​‌​‌​​​‌‌​‌​​‌​​​‌‌‌‌‌​​​‌​​​‌‌‌‌​‌‌‌​​‌‌​‌​​‌‌​​​‌​‌‌​​‌​‌‌​‌​‌‍visible signs which indicated how the entrance was effected ; that the stolen goods soon after the larceny were found in the possession of the accused ; ‍​‌​​‌‌‌‌‌​‌‌‌​‌‌​​‌​‌‌​‌​‌‌​​‌‌​​‌​‌​​​‌‌​‌​​‌​​​‌‌‌‌‌​​​‌​​​‌‌‌‌​‌‌‌​​‌‌​‌​​‌‌​​​‌​‌‌​​‌​‌‌​‌​‌‍that on her arrest there was found concealed in the lining of her hat, which she attempted to throw away, a key which easily unlocked a ‍​‌​​‌‌‌‌‌​‌‌‌​‌‌​​‌​‌‌​‌​‌‌​​‌‌​​‌​‌​​​‌‌​‌​​‌​​​‌‌‌‌‌​​​‌​​​‌‌‌‌​‌‌‌​​‌‌​‌​​‌‌​​​‌​‌‌​​‌​‌‌​‌​‌‍door of the house which had been entered, is circumstantial, it is’ sufficiently strong to support a conviction for burglary. Smith v. State, 62 Ga. 663.

2. None of the grounds of the motion ‍​‌​​‌‌‌‌‌​‌‌‌​‌‌​​‌​‌‌​‌​‌‌​​‌‌​​‌​‌​​​‌‌​‌​​‌​​​‌‌‌‌‌​​​‌​​​‌‌‌‌​‌‌‌​​‌‌​‌​​‌‌​​​‌​‌‌​​‌​‌‌​‌​‌‍show that error was committed in refusing a new trial.

Judgment affirmed.

All the Justices concurring.