116 Ga. 602 | Ga. | 1902
The plaintiff in error, Joe Trice, was in the court below convicted of the offense of larceny from the house. The accusation under which he was brought to trial charged that he “ did with force and arms unlawfully enter the dwelling-house of J. T. Gray, and, after so entering, did wrongfully and fraudulently take and carry awáy a certain pistol, in said house stored, of the value of ten dollars, the personal property of T. B. Borom, with intent then and there to steal said pistol.” The sole question presented for our determination is whether or not.this charge was sustained by the evidence upon which the State relied for a conviction. The person in whom the ownership of the property alleged to have been stolen was laid testified: “ I lost a pistol, worth
Under our statute, “ Larceny from the house is the breaking or entering any house with the intent to steal, or, after breaking or
Judgment reversed.