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WORLEY v. THE STATE.
A91A1378.
SOGNIER, Chief Judge.
Receiving stolen property. Wayne Superior Court. Before Judge O'Connor, Senior Judge.
Dale Worley, Jr. was convicted of three counts of receiving stolen property, one count of transacting business as a dealer in precious metals without first registering pursuant to OCGA 43-37-2 (b), 43-37-6 (b) (Count IV), and one count of failing to maintain and make permanent records as a dealer in precious metals, OCGA 43-37-6 (a) (2) (Count V). He appeals.
1. We find no error in the trial court's denial of the motions to dismiss or to direct a verdict on Count IV made by counsel during jury deliberations. See Bethay v. State, 235 Ga. 371, 374-375 (219 SE2d 743) (1975). The transcript reveals that appellant admitted on cross-examination that he had never registered as a dealer in precious metals. Accordingly, it can hardly be said that the evidence demanded appellant's acquittal. OCGA 17-9-1 (a).
2. Similarly, we find no error in the trial court's denial of appellant's motions on Count V given that the transcript establishes that appellant testified the only permanent record maintained in the course of his business was a checkbook, the entries to which he admitted did not comply with OCGA 43-37-3.
3. Given appellant's admission that he had never registered as a dealer in precious metals, it is highly probable that any error in the trial court's failure to give appellant's requested charge based on OCGA 43-37-2 (a) (1), (b) setting forth with whom such a dealer residing in a county must register, did not contribute to the verdict, and thus a reversal will not result. See generally Sultenfuss v. State, 185 Ga. App. 47, 51 (363 SE2d 337) (1987).
4. We find no error in the trial court's charges that if the jury found the allegations set forth in Counts IV and V were proven by the State beyond a reasonable doubt, it would be the jury's duty to find appellant guilty and to convict appellant. Noggle v. State, 256 Ga. 383, 385 (2) (349 SE2d 175) (1986).
5. A review of the charge given by the trial court reveals that the jury was fully and completely instructed on the law regarding theft by receiving stolen property, and that the principles of appellant's four requested charges were sufficiently covered thereby. Therefore, the trial court did not err by refusing to give appellant's charges in the language requested. Sims v. State, 197 Ga. App. 214, 218 (6) (398 SE2d 244) (1990).
W. Glenn Thomas, Jr., District Attorney, Stephen D. Kelley, John B. Johnson III, Assistant District Attorneys, for appellee.
Mills & Chasteen, Ben B. Mills, Jr., for appellant.
DECIDED OCTOBER 22, 1991 -- RECONSIDERATION DENIED NOVEMBER 13, 1991.
Thursday May 21 10:32 EDT


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