Body v. State

Court of Appeals of Georgia

Body v. State

242 S.E.2d 321, 144 Ga. App. 657, 1978 Ga. App. LEXIS 1729

CourtCourt of Appeals of Georgia

DecidedJanuary 31, 1978

Docket55082

StatusPublished

This text of 242 S.E.2d 321 (Body 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

Body v. State, 242 S.E.2d 321, 144 Ga. App. 657, 1978 Ga. App. LEXIS 1729 (Ga. Ct. App. 1978).

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Opinion

Bell, Chief Judge.

Defendant was convicted of criminal attempt to commit theft by deception.

The state’s evidence showed that defendant attempted to withdraw money from a local savings and loan association by exhibiting a passbook that did not belong to him. Held:

Defendant’s sole enumeration is that the trial court erred in allowing, over objection, evidence that a few days prior to the offense charged defendant attempted to withdraw money from the same bank, by tendering the same passbook. Evidence of a separate crime is admissible when there is evidence that defendant was the perpetrator of that crime and a sufficient similarity or connection between the independent crime and the offense charged so that proof of the former tends to prove the latter. Sloan v. State, 115 Ga. App. 852 (156 SE2d 177). This evidence was correctly admitted.

Judgment affirmed.

Shulman and Birdsong, JJ., concur.

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Bell, Chief Judge.

Defendant was convicted of criminal attempt to commit theft by deception.

The state’s evidence showed that defendant attempted to withdraw money from a local savings and loan association by exhibiting a passbook that did not belong to him. Held:

Defendant’s sole enumeration is that the trial court erred in allowing, over objection, evidence that a few days prior to the offense charged defendant attempted to withdraw money from the same bank, by tendering the same passbook. Evidence of a separate crime is admissible when there is evidence that defendant was the perpetrator of that crime and a sufficient similarity or connection between the independent crime and the offense charged so that proof of the former tends to prove the latter. Sloan v. State, 115 Ga. App. 852 (156 SE2d 177). This evidence was correctly admitted.

Judgment affirmed.

Shulman and Birdsong, JJ., concur.

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242 S.E.2d 321, 144 Ga. App. 657, 1978 Ga. App. LEXIS 1729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/body-v-state-gactapp-1978.

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