Rush v. State ( 1901 )

Lumpkin, P. J.

Where an indictment for burglary charged that the accused broke and entered a designated house with intent to steal therefrom a specific article, and there was no proof that this article was ever in the house, or that the accused had any reason to believe it was, a verdict of guilty can not stand.

Judgment reversed.

All the Justices concurring.