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STATE v. TULLIS

A94A0118.

213 Ga. App. 581 (1994)

445 S.E.2d 282

THE STATE v. TULLIS.

Court of Appeals of Georgia.

Reconsideration Denied June 21, 1994.

Attorney(s) appearing for the Case

Timothy G. Madison, District Attorney, Jeffrey G. Morrow, Assistant District Attorney, for appellant.

Michael J. Anderson, for appellee.

SMITH, Judge.

Windell Clarion Tullis was indicted for misdemeanor theft by shoplifting, OCGA § 16-8-14, and violation of oath by a public officer, OCGA § 16-10-1, a felony. The trial court granted Tullis's motion to dismiss the count of violation of oath by a public officer, the State appeals, and we affirm.

It is undisputed that Tullis, a City of Winder police officer, took a candy bar from a convenience...

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