Norman
Diamond Member
- Sep 24, 2010
- 31,254
- 15,182
The dirtbags defending the burglar won’t like this:
In 2005, a man was convicted of burglary for stealing items from two garages. Davis v. State, 275 Ga. App. 174. The man would pull up to open garages of homes and take stuff out of the garages. When the homeowner's looked in their garages, they noticed that some tools had gone missing. The same tools were pawned later that afternoon, and the man arrested soon after. The Court convicted the man of two counts of burglary. Even though he never entered into a house and the garage was open, therefore he did not physically have to break in and enter, the Court still found him guilty of burglary. Their reasoning was that he did not have permission to come into the garage, and he entered with the intent to steal. Therefore, he was found guilty.
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I didn't even steal anything: Even though you may not have stolen anything, you could still be convicted of burglary. According to Johnson v. Jackson, it is not necessary that the defendant actually steal anything. 140 Ga. App. 252, (1976). It is enough if they enter without authority and with intent to commit theft.
Burglary | Georgia Criminal Lawyer
www.georgiacriminallawyer.com
For police. Yes. Not for Citizens Arrest. For Citizens Arrest the actual crime has to be committed.
This is false. If a person is fleeing only suspicion is enough.