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ELLIOTT v. STATE

57124.

149 Ga. App. 579 (1979)

254 S.E.2d 900

ELLIOTT v. THE STATE.

Court of Appeals of Georgia.

Decided April 9, 1979.

Attorney(s) appearing for the Case

Hugh W. Stone, for appellant.

Frank C. Mills, III, District Attorney, J. Britten Miller, Jr., Assistant District Attorney, for appellee.

SHULMAN, Judge.

The appellant appeals from his conviction on two counts of theft by taking. We reverse.

1. The evidence shows, and the jury was authorized to find, that the appellant approached two merchants and expressed a desire to purchase furniture and appliances. Since he had the use of a pickup truck for the day, the appellant requested that the merchandise be delivered to him then and represented that he...

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