Holland v. State

Full title: HOLLAND v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jun 27, 1978

247 S.E.2d 520 (Ga. Ct. App. 1978)

247 S.E.2d 520

Opinion

55879.

ARGUED MAY 22, 1978.

DECIDED JUNE 27, 1978. REHEARING DENIED JULY 28, 1978.

Theft by taking. Fulton State Court. Before Judge Beasley.

Steve W. Reighard, for appellant.

Hinson McAuliffe, Solicitor, Richard E. Stark, Assistant Solicitor, for appellee.

BIRDSONG, Judge.

Holland appeals his conviction of theft by taking. Held:

The evidence showed that appellant and another man approached the victim from the rear, the other man removed the victim's purse from her shopping cart, and both men fled. This evidence, without more, was insufficient to authorize the appellant's conviction. Johnson v. State, 126 Ga. App. 277 ( 190 S.E.2d 594).

Judgment reversed. Bell, C. J., and Shulman, J., concur.

ARGUED MAY 22, 1978 — DECIDED JUNE 27, 1978 — REHEARING DENIED JULY 28, 1978.