CARLEY, Judge.
Maddox was charged with taking three "Message Center" telephones from the electronics department of the J. C. Penney store at Northlake Mall on June 26, 1978. He was tried by a jury and convicted of theft by taking under the provisions of former Code Ann. § 26-1802 (Ga. L. 1975, pp. 876, 877).
The state's evidence established that Maddox was observed in the toy department, watching the salesman across the aisle in the electronics department...
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