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Gibson v. State

Court of Appeals of Georgia
Jan 28, 1980
264 S.E.2d 714 (Ga. Ct. App. 1980)

Opinion

59121.

SUBMITTED JANUARY 7, 1980.

DECIDED JANUARY 28, 1980.

Burglary. Peach Superior Court. Before Judge Morgan.

David L. Stephens, for appellant.

W. Donald Thompson, District Attorney, Thomas J. Matthews, Assistant District Attorney, for appellee.


On appeal it is contended that defendant's conviction for burglary was not authorized by the evidence in that an essential element of the indictment, and of the offense, that he entered with intent to commit a theft was not established.

There was proof offered that the owner of the house, which was allegedly burglarized, heard someone push the latch on the door off; saw and recognized the defendant standing at the middle door to the bedroom; asked the defendant what he was doing, whereupon the defendant "jumped and run." There was slight evidence of items of some undetermined value being in the household.

The defendant's conviction for burglary was authorized by the evidence. Ealey v. State, 139 Ga. App. 604, 607 ( 229 S.E.2d 86). See Parrish v. State, 141 Ga. App. 631 (1) ( 234 S.E.2d 174); Loury v. State, 147 Ga. App. 152 (1) ( 248 S.E.2d 291) and cases therein cited.

We therefore hold that a rational trier of fact could reasonably have found the defendant committed the offense as charged.

Judgment affirmed. Shulman and Carley, JJ., concur.


SUBMITTED JANUARY 7, 1980 — DECIDED JANUARY 28, 1980.


Summaries of

Gibson v. State

Court of Appeals of Georgia
Jan 28, 1980
264 S.E.2d 714 (Ga. Ct. App. 1980)
Case details for

Gibson v. State

Case Details

Full title:GIBSON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 28, 1980

Citations

264 S.E.2d 714 (Ga. Ct. App. 1980)
264 S.E.2d 714