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FRANKLIN v. STATE

No. A00A0949.

533 S.E.2d 455 (2000)

243 Ga. App. 440

FRANKLIN v. The STATE.

Court of Appeals of Georgia.

April 11, 2000.

Attorney(s) appearing for the Case

Charles B. Brown, Helen, for appellant.

Lydia J. Sartain, District Attorney, Lee Darragh, Assistant District Attorney, for appellee.

ELDRIDGE, Judge.

A jury in Hall County found Rickie J. Franklin guilty of unlawfully appropriating Ray York's timber. In his sole enumeration of error, Franklin contends that the trial court erred in denying his special demurrer to the felony theft by taking indictment returned against him, since an averment in the indictment was allegedly "legally and practically impossible." We have examined the indictment in light of Franklin's contention, and we affirm his conviction...

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