Opinion
43587.
SUBMITTED APRIL 2, 1968.
DECIDED APRIL 12, 1968. REHEARING DENIED MAY 1, 1968.
Burglary. Muscogee Superior Court. Before Judge Davis.
Copland Finley, Dan Copland, for appellant.
1. In the indictment for burglary in this case the ownership of the place burglarized was laid in a name (McCrory Corporation) which imported a corporation. The presumption was that it was a corporation, and in the absence of affirmative proof by accused that no such corporation existed it was not necessary for the State to prove the fact of incorporation. See Crawford v. State, 68 Ga. 822; Mattox v. State, 115 Ga. 212, 221 ( 41 S.E. 709); Alsobrook v. State, 126 Ga. 100, 102 ( 54 S.E. 805); Ager v. State, 2 Ga. App. 158 (1) ( 58 S.E. 374); Vaughn v. State, 17 Ga. App. 268 (1) ( 86 S.E. 461); Hammontree v. State, 25 Ga. App. 544 (1) ( 103 S.E. 738); Hornsby v. State, 49 Ga. App. 305 (1) ( 175 S.E. 400); King v. State, 83 Ga. App. 175 (b) ( 63 S.E.2d 292); Raptis v. State, 92 Ga. App. 485, 487 (2) ( 88 S.E.2d 731); Bush v. State, 117 Ga. App. 310 (3) ( 160 S.E.2d 456).
2. It was not error to admit testimony that the place burglarized was owned by McCrory Corporation over objection that "The corporate charter would certainly be the highest and best evidence."
Judgment affirmed. Hall and Quillian, JJ., concur.