Pickens v. State

Full title: PICKENS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 4, 1964

110 Ga. App. 643 (Ga. Ct. App. 1964)

139 S.E.2d 412

Opinion

40697.

DECIDED NOVEMBER 4, 1964. REHEARING DENIED NOVEMBER 17, 1964.

Burglary. Wilkinson Superior Court. Before Judge Carpenter.

Jean E. Johnson, Sr., for plaintiff in error.

George D. Lawrence, Solicitor General, contra.

NICHOLS, Presiding Judge.

1. The judgment of this court ( Pickens v. State, 109 Ga. App. 747, 137 S.E.2d 404), dismissing the writ of error, having been reversed by the Supreme Court of Georgia ( Pickens v. State, 220 Ga. 329, 138 S.E.2d 655), the judgment of this court is vacated.

2. The facts of this case raise a question identical to the question decided in Fair v. State, ante; therefore, this case is controlled by the decision in Fair v. State, and the judgment of the trial court must be affirmed.

Judgment affirmed. Hall and Russell, JJ., concur.

DECIDED NOVEMBER 4, 1964 — REHEARING DENIED NOVEMBER 17, 1964.