Moore v. State

Court of Appeals of Georgia

Moore v. State

264 S.E.2d 538, 153 Ga. App. 49, 1980 Ga. App. LEXIS 1665

CourtCourt of Appeals of Georgia

DecidedJanuary 10, 1980

Docket58845

StatusPublished

Cited by3 cases

This text of 264 S.E.2d 538 (Moore 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.

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Moore v. State, 264 S.E.2d 538, 153 Ga. App. 49, 1980 Ga. App. LEXIS 1665 (Ga. Ct. App. 1980).

Pincite

Opinion

Quillian, Presiding Judge.

Defendant appeals his conviction for theft by deception and bad check. Held:

1. Code Ann. § 26-1811 (Ga. L. 1968, pp. 1249, 1295; 1972, pp. 841,842) provides that the venue in prosecutions for theft by deception shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. There is no evidence that the defendant exercised any control over the property which was the subject of the theft in Ware County, where the prosecution occurred. Accordingly, we reverse as to this offense.

2. Contrary to defendant’s contention as to the bad check offense, we find the evidence sufficient to authorize a rational fact finder to find the defendant guilty of the elements of the offense beyond a reasonable doubt. Jackson v. Virginia, — U. S. — (99 SC 2781, 61 LE2d 560).

Argued November 19, 1979 Decided January 10, 1980. L. Z. Dozier, Jr., for appellant. Dewey Hayes, District Attorney, M. C. Pritchard, Assistant District Attorney, for appellee.

3. The remaining enumerations of error are either mooted by our reversal of the theft conviction, are not meritorious, or are deemed abandoned under Rule 15 (c)(2) (Code Ann. § 24-3615).

Judgment affirmed in part and reversed in part.

Smith and Birdsong, JJ., concur.

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