Adams v. State

Court of Appeals of Georgia

Adams v. State

243 S.E.2d 330, 145 Ga. App. 124, 1978 Ga. App. LEXIS 1887

CourtCourt of Appeals of Georgia

DecidedMarch 2, 1978

Docket55298

StatusPublished

Cited by2 cases

This text of 243 S.E.2d 330 (Adams v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. State, 243 S.E.2d 330, 145 Ga. App. 124, 1978 Ga. App. LEXIS 1887 (Ga. Ct. App. 1978).

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Opinion

Bell, Chief Judge.

Defendant was convicted of theft by obtaining services from United Rent-All in the amount of $8.76 in violation of Code § 26-1807. He was sentenced to pay a fine of $25 and to confinement for 10 days, both suspended.

Defendant on appeal argues only the issue of the sufficiency of the evidence. The state’s case consisted only of evidence that defendant had rented a pump from the United Rent-All on March 17, 1977 and returned it on March 19th but only paid for one day’s rental. The defendant by this evidence showed that he rented a water pump on March 17, 1977, for the day at a cost of $8.76, from United Rent-All. As the pump would not function and the business being closed, he returned the pump the following morning and exchanged it. There was no discussion at this time about an additional day’s charge. He returned the pump on March 19 to United Rent-All and no mention was made of any additional charge. Code § 26-1807 provides: "A person commits theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which are available only for compensation.” (Emphasis supplied.) The state has failed as a matter of law to establish that defendant obtained services by deception and with intent to avoid payment, essential elements of the crime charged.

Judgment reversed.

Shulman and Birdsong, JJ., concur.

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Bell, Chief Judge.

Defendant was convicted of theft by obtaining services from United Rent-All in the amount of $8.76 in violation of Code § 26-1807. He was sentenced to pay a fine of $25 and to confinement for 10 days, both suspended.

Defendant on appeal argues only the issue of the sufficiency of the evidence. The state’s case consisted only of evidence that defendant had rented a pump from the United Rent-All on March 17, 1977 and returned it on March 19th but only paid for one day’s rental. The defendant by this evidence showed that he rented a water pump on March 17, 1977, for the day at a cost of $8.76, from United Rent-All. As the pump would not function and the business being closed, he returned the pump the following morning and exchanged it. There was no discussion at this time about an additional day’s charge. He returned the pump on March 19 to United Rent-All and no mention was made of any additional charge. Code § 26-1807 provides: "A person commits theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which are available only for compensation.” (Emphasis supplied.) The state has failed as a matter of law to establish that defendant obtained services by deception and with intent to avoid payment, essential elements of the crime charged.

Judgment reversed.

Shulman and Birdsong, JJ., concur.

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Bluebook (online)

243 S.E.2d 330, 145 Ga. App. 124, 1978 Ga. App. LEXIS 1887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-gactapp-1978.

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