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Bell v. State

Citations

  • 697 S.E.2d 793
  • 287 Ga. 670
  • 2010 Fulton County D. Rep. 2316
  • 2010 Ga. LEXIS 563

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing burglary conviction when evidence did not establish that defendant entered house without authority
  • “The evidence that, once inside the apartment, [appellant] assaulted [the victim] and sought to rob him would support a conviction for ‘remain[ing]’ in the dwelling without authority.”
  • “[E]vidence that, once inside the apartment, [appellant] assaulted [the victim] and sought to rob him would support a conviction for ‘remain[ing]’ in the dwelling without 8 authority.” (quoting OCGA § 16-7-1)
  • “Even assuming that the evidence at trial showed that [the defendant] intended to commit a theft when he first entered [the] residence, there was no evidence that [he] entered the home ‘without authority.’ ”
  • “Even assuming that the evidence at trial showed that [the defendant] intended to commit a theft when he first entered [the] residence, there was no evidence that [he] entered the home ‘without authority.’”
  • “[T]o demonstrate prejudice for the alleged failure to elicit testimony, the defendant may not rely on hearsay or speculation but must either call the witness or introduce a legally recognized substitute for the uncalled witness’s testimony.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nahmias

Read full opinion on CourtListener

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

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