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Lawskills.com Georgia Caselaw
MOORE v. THE STATE.
58845.
QUILLIAN, Presiding Judge.
Theft by deception. Ware Superior Court. Before Judge Hodges.
Defendant appeals his conviction for theft by deception and bad check. Held:
1. Code Ann. 26-1811 (Ga. L. 1968, pp. 1249, 1295; 1972, pp. 841, 842) provides that the venue in prosecutions for theft by deception shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. There is no evidence that the defendant exercised any control over the property which was the subject of the theft in Ware County, where the prosecution occurred. Accordingly, we reverse as to this offense.
3. The remaining enumerations of error are either mooted by our reversal of the theft conviction, are not meritorious, or are deemed abandoned under Rule 15 (c) (2) (Code Ann. 24-3615).
Dewey Hayes, District Attorney, M. C. Pritchard, Assistant District Attorney, for appellee.
L. Z. Dozier, Jr., for appellant.
ARGUED NOVEMBER 19, 1979 -- DECIDED JANUARY 10, 1980.
Friday May 22 00:57 EDT


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