CANTRELL v. STATE

57780.

150 Ga. App. 259 (1979)

257 S.E.2d 351

CANTRELL v. THE STATE.

Court of Appeals of Georgia.

Decided June 7, 1979.


Attorney(s) appearing for the Case

Smalley, Cogburn & Flynt, Eugene W. Dabbs, IV, for appellant.

Johnny L. Caldwell, Jr., District Attorney, Paschal A. English, Jr., J. David Fowler, Assistant District Attorneys, for appellee.


BIRDSONG, Judge.

Charles T. Cantrell was convicted of theft by taking and sentenced to serve ten years. He enumerates as error the denial of his motion for new trial on two grounds: (1) that guilt being predicated upon circumstantial evidence, the evidence does not exclude every reasonable hypothesis except that of guilt; and (2) that it was error to charge upon the theory of conspiracy, the evidence only showing Cantrell's mere presence at the scene. Held:

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