
    Msey vs. The State of Georgia.
    1. Where a defendant was charged with larceny from the house, in having entered a cotton house and stolen peas therefrom, proof that the house had no entrance except through a door, the shutter of which was not hung, but propped up with a pole ; that on the morning of the discovery of the larceny, the door was down and the peas were missing, did not show a breaking and entering, so as to make the allegata and probata disagree. The testimony merely disclosed the ordinary manner in which the door was closed, without showing that it was thus closed at the time of the larceny, or so near thereto as to justify an inference that it so remained until that time.
    2. For the same reason the evidence did not show that the offence was burglary, and exclude a conviction on a charge of larceny.
    December 19, 1882.
   Crawford, Justice.  