Ward v. State

Court of Appeals of Georgia

Ward v. State

294 S.E.2d 350, 163 Ga. App. 40, 1982 Ga. App. LEXIS 2390

CourtCourt of Appeals of Georgia

DecidedJuly 12, 1982

Docket64381

StatusPublished

This text of 294 S.E.2d 350 (Ward 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

Ward v. State, 294 S.E.2d 350, 163 Ga. App. 40, 1982 Ga. App. LEXIS 2390 (Ga. Ct. App. 1982).

Pincite

Opinion

Banke, Judge.

The appellant appeals her conviction for shoplifting. The state’s sole witness was the assistant manager of a Pic and Pay Shoe Store, who testified that she saw a co-defendant, Joanne Tucker, pick up a pair of shoes and place them in her tote bag. This witness also testified that the appellant saw the co-defendant take the shoes and that both women left the store after she asked them to stop. The appellant, testifying in her own behalf, denied any knowledge of the theft. Held:

The evidence is insufficient to authorize the appellant’s conviction. “Neither presence nor flight, nor both together, without more, is conclusive of guilt.” Griffin v. State, 2 Ga. App. 534 (2) (58 SE 781) (1907). See also Johnson v. State, 126 Ga. App. 277 (190 SE2d 594) (1972). Compare Holland v. State, 146 Ga. App. 876 (247 SE2d 520) (1978).

Judgment reversed.

McMurray, P. J., and Birdsong, J., concur.

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