
    Rush v. The State.
    Submitted October 23,
    Decided November 7, 1901.
    Indictment for burglary. Before Judge Henry. Floyd superior court. July term, 1901.
    
      Harris, Chamlee & Harris, for plaintiff in error.
    
      Moses Wright, solicitor-general, contra.
   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.  