Ward v. State

Full title: WARD v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 12, 1982

294 S.E.2d 350 (Ga. Ct. App. 1982)

163 Ga. App. 40

Opinion

64381.

DECIDED JULY 12, 1982.

Theft by shoplifting. Coffee State Court. Before Judge Whelchel.

Roy E. Harkleroad, for appellant.

T. V. Williams, Jr., Solicitor, for appellee.

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 S.E. 781) (1907). See also Johnson v. State, 126 Ga. App. 277 ( 190 S.E.2d 594) (1972). Compare Holland v. State, 146 Ga. App. 876 ( 247 S.E.2d 520) (1978).

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

DECIDED JULY 12, 1982.