WESTBERRY v. STATE

52436.

139 Ga. App. 817 (1976)

229 S.E.2d 760

WESTBERRY v. THE STATE.

Court of Appeals of Georgia.

Decided September 14, 1976.

Rehearing Denied October 8, 1976.


Attorney(s) appearing for the Case

R. B. Donaldson, Jr., for appellant.

John W. Underwood, District Attorney, Dupont K. Cheney, Assistant District Attorney, for appellee.


MARSHALL, Judge.

Appellant was tried and convicted on two counts, theft by taking and burglary, arising from the burglary of a lounge and the theft of 22 cases of beer therefrom. He was sentenced to five and fifteen years consecutive prison terms. He appeals, asserting that two errors were committed by the trial court: (1) the denial of motion for continuance where two witnesses were called who were not on the list of witnesses, and (2) allowing the assistant district...

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