Robinson v. State, 58071
| Decision Date | 14 November 1979 |
| Docket Number | No. 58071,58071 |
| Parties | ROBINSON v. The STATE. |
| Court | Georgia Court of Appeals |
M. Gene Gouge, Dianne Cook, Dalton, for appellant.
Charles A. Pannell, Jr., Dist. Atty., Roland R. Castellanos, Asst. Dist. Atty., for appellee.
Defendant was indicted for motor vehicle theft and convicted. He appeals contending that the trial court erred in denying his motion for judgment of acquittal notwithstanding the verdict of guilty based upon a fatal variance between the allegata and probata. While we do not agree that Robinson was entitled to a motion for a directed verdict of acquittal, we agree that there was prejudicial error in the charge of the trial court which necessitates reversal of the judgment and sentence. The indictment in pertinent part charged that defendant "did unlawfully then and there Take and carry away a certain motor vehicle to-wit: One 1978 Ford Ranger truck, property of Kenneth English. . . ." The state's evidence shows that on the date of the alleged theft, March 28, 1978, defendant asked to borrow the victim English's truck as defendant was ill and wanted to see a doctor. English agreed but directed defendant to return it in an hour. After the lapse of several hours, defendant had not returned the truck. English reported to the police that his truck had been stolen. Several days later defendant was arrested in this truck in Milledgeville, Georgia, which is a great distance from Whitfield County where English gave defendant permission to use his truck. Defendant testified in his own behalf that English had given unlimited permission to use the truck.
Motor vehicle theft is subject to Code § 26-1802 which defines all thefts by taking. Martin v. State, 143 Ga.App. 875, 240 S.E.2d 231. This Code section ...
To continue reading
Request your trial
-
Chambers v. State, 74139
...v. State, 168 Ga.App. 927(3), 311 S.E.2d 211; Griffin, supra; Cantrell v. State, 162 Ga.App. 42, 43, 290 S.E.2d 140; Robinson v. State, 152 Ga.App. 296, 297, 262 S.E.2d 577; Reed v. State, 148 Ga.App. 264, 251 S.E.2d 148; Walker, supra; the Georgia Supreme Court (Lumpkin, supra; Sarnie, sup......
-
Spray v. State
...of the taking, and the trial court must so charge the jury. Bell v. State, 220 Ga.App. 293, 469 S.E.2d 714 (1996); Robinson v. State, 152 Ga.App. 296, 262 S.E.2d 577 (1979). In the case sub judice, simply because appellant went through appropriate channels and obtained the GEMA property und......
-
Gaines v. State
...S.E.2d 211; Searcy v. State, 168 Ga.App. 233(1), 308 S.E.2d 621; Cantrell v. State, 162 Ga.App. 42, 43, 290 S.E.2d 140; Robinson v. State, 152 Ga.App. 296, 262 S.E.2d 577. The state contends that defendant "did not reserve his objections to the charge," and that any possible error in the gi......
-
Minter v. State, 68175
...710(2), 266 S.E.2d 349 (1980). See also Wiley v. State, 150 Ga.App. 607(3), 258 S.E.2d 286 (1979). The cases of Robinson v. State, 152 Ga.App. 296, 262 S.E.2d 577 (1979), and Hamby v. State, 76 Ga.App. 549, 46 S.E.2d 615 (1948), are factually distinguishable and inapplicable to the issue ra......