Miller v. State

Full title: MILLER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 21, 1979

253 S.E.2d 469 (Ga. Ct. App. 1979)

253 S.E.2d 469

Opinion

57010.

SUBMITTED JANUARY 15, 1979.

DECIDED FEBRUARY 21, 1979.

Burglary. Walker Superior Court. Before Judge Coker.

Roland L. Enloe, Jr., for appellant.

William M. Campbell, District Attorney, James A. Meaney, III, Assistant District Attorney, for appellee.

QUILLIAN, Presiding Judge.

Appeal was taken from the defendant's conviction for burglary. Held:

1. The defendant was charged with unlawful entry with intent to commit a felony. Under the facts and circumstances the question of intent was for the jury's determination. Thompson v. State, 76 Ga. App. 239 (3) ( 45 S.E.2d 675); Wells v. State, 144 Ga. App. 841 ( 242 S.E.2d 752). Moreover, there was evidence showing assault with a deadly weapon — aggravated assault — a felony. Code Ann. § 26-1302 (Ga. L. 1968, pp. 1249, 1280; Ga. L. 1976, p. 543). See Scott v. State, 141 Ga. App. 848, 849 ( 234 S.E.2d 685); Riddle v. State, 145 Ga. App. 328 ( 243 S.E.2d 607); Tuggle v. State, 145 Ga. App. 603, 604 ( 244 S.E.2d 131). The evidence was sufficient to sustain the verdict.

2. The failure to give certain instructions to the jury was not erroneous, especially in the absence of any written requests to charge.

Judgment affirmed. Smith and Birdsong, JJ., concur.

SUBMITTED JANUARY 15, 1979 — DECIDED FEBRUARY 21, 1979.