
    7150.
    Tabor v. The State.
    Decided March 24, 1916.
    Indictment for burglary; from Haralson superior court — Judge Bartlett. December 9, 1915.
    
      G. B. & H. 0. Hutchens, for plaintiff in error.
    
      J. B. Hutcheson, solicitor-general, contra.
   Broyles, J.

1. Where both burglary and larceny from the house are charged in the same indictment, and the accused is convicted of the higher offense, it is immaterial whether the larceny be proved or not. Yarborough v. State, 86 Ga. 396 (12 S. E. 650).

2. The evidence strongly authorized, if it did not demand, the verdict returned; no error of law appears, and the court did not err in overruling the motion for a new trial. .Judgment affirmed.  