SMITH v. STATE

No. A05A1363.

619 S.E.2d 694 (2005)

275 Ga. App. 60

SMITH v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied August 11, 2005.


Attorney(s) appearing for the Case

Debra M. Finch, Athens, Benjamin A. Pearlman, for Appellant.

Kenneth W. Mauldin, District Attorney, Patricia K. Atwill, Assistant District Attorney, for Appellee.


BLACKBURN, Presiding Judge.

Following a jury trial, Tommy Lee Smith appeals from his conviction of theft by shoplifting, contending that the trial court erred by: (1) refusing to instruct the jury on the crime of theft by receiving stolen property as a lesser included offense of theft by shoplifting; (2) not granting a directed verdict of acquittal because the State failed to exclude every reasonable conclusion from the circumstantial evidence presented; (3) granting...

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