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CAIN v. STATE

41639.

112 Ga. App. 646 (1965)

145 S.E.2d 773

CAIN v. THE STATE.

Court of Appeals of Georgia.

Decided November 12, 1965.

Attorney(s) appearing for the Case

Lanier Randall, for appellant.

Wright Lipford, Solicitor General, for appellee.

EBERHARDT, Judge.

1. The court erred in refusing to permit the defendant to testify as to his intention to return the automobile. Intent at the time of taking permanently to deprive the owner of the property is an essential element of the crime for which the defendant was being tried. Austin v. State, 65 Ga.App. 733 (1) (16 S.E.2d 497). The defendant was sworn and testified as a witness in his own behalf. In so doing testimony as to what his intention had been...

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