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Lackey v. State

Court of Appeals of Georgia
Jan 28, 1977
232 S.E.2d 642 (Ga. Ct. App. 1977)

Opinion

53115.

SUBMITTED JANUARY 10, 1977.

DECIDED JANUARY 28, 1977.

Burglary. Barrow Superior Court. Before Judge Dunahoo.

Paris Burkett, Richard J. Burkett, for appellants.

Nat Hancock, District Attorney, L. Elizabeth Lane, Assistant District Attorney, for appellee.


The appellants are three brothers who were convicted of the burglary of two Barrow County homes. On the day of the burglaries, appellant Robert Lackey and two unidentified persons were seen by two witnesses in a certain car described by make, color, and license number, in the vicinity of the burglarized homes acting in a suspicious manner. Later that day, the three appellants arrived at their residence in the car observed earlier. A few minutes later they were arrested by the sheriff and a deputy. Goods missing from the burglarized houses were found in the trunk of the car in question, in the appellants' residence, and in the physical possession of one of the appellants.

The appellants contest their conviction on general grounds, it being contended that there was only insufficient, circumstantial evidence of their guilt. However, McLean v. State, 140 Ga. App. 229 (2) (1976), and Floyd v. State, 137 Ga. App. 181 (3) ( 223 S.E.2d 230) (1976), indicate that the evidence in this case was sufficient to support a conviction.

Judgment affirmed. Quillian, P. J., and Shulman, J., concur.

SUBMITTED JANUARY 10, 1977 — DECIDED JANUARY 28, 1977.


Summaries of

Lackey v. State

Court of Appeals of Georgia
Jan 28, 1977
232 S.E.2d 642 (Ga. Ct. App. 1977)
Case details for

Lackey v. State

Case Details

Full title:LACKEY et al. v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 28, 1977

Citations

232 S.E.2d 642 (Ga. Ct. App. 1977)
141 Ga. App. 149

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Heard v. State

We find this general challenge to be without merit, however. See Lackey v. State, 141 Ga. App. 149 ( 232…