54 Ga. 106 | Ga. | 1875
The defendant was indicted for the offense of “burglary in ■the night time,” and on the trial thereof was found guilty by the jury. A motion was made for a new trial, on the ground that the verdict was contrary to law, contrary to the evidence, and without evidence to support it, which motion was overruled by the court, and the defendant excepted. It appears from the evidence in the record that the defendant, between the hours of twelve and one o’clock at night, raised the back window-sash of the prosecutor’s dwelling-house, in which he •and his wife were sleeping, propped it up with a stick and entered the room through the window, and when discovered, went out at the window; was pursued and caught. There was money and clothing in the room. Prosecutor had $100 00 in his vest pocket, hanging on the bed-post, but it does not .appear that the defendant stole pnything.
Burglary, as defined by the Code, is the breaking and entering into the dwelling, mansion or store-house, or other place •of business of another, where valuable goods, wares, produce
Let the judgment of the court below be affirmed.