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WILLOUGHBY v. STATE

51841.

137 Ga. App. 789 (1976)

225 S.E.2d 65

WILLOUGHBY v. THE STATE.

Court of Appeals of Georgia.

Decided February 12, 1976.

Rehearing Denied February 26, 1976.

Attorney(s) appearing for the Case

Larry L. Taylor, for appellant.

Robert G. Johnston, Assistant Solicitor, for appellee.

WEBB, Judge.

Ella Willoughby appeals from her conviction of theft by taking and disorderly conduct. Held:

1. (a) The jurat of the affidavit upon which the theft by taking accusation is based is not signed. Consequently the affidavit is void and the conviction for theft by taking a nullity. Scroggins v. State, 55 Ga. 380; Gilbert v. State, 17 Ga.App. 143 (86 SE 415). Accord, Chauncey v. State, 129 Ga.App. 207

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