Gary v. State

Full title: GARY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jun 5, 1979

257 S.E.2d 344 (Ga. Ct. App. 1979)

150 Ga. App. 201

Opinion

57541.

SUBMITTED APRIL 3, 1979.

DECIDED JUNE 5, 1979.

Theft by taking. Clarke State Court. Before Judge Pittard.

Guy B. Scott, Jr., for appellant.

Ken Stula, Solicitor, for appellee

DEEN, Chief Judge.

The sole complaint in this appeal from a conviction for shoplifting is that the judge at one point spoke of appropriation of the thing taken to "its" rather than "the defendant's" own use. Taken in context and as a whole, the error, an obvious slip of the tongue, could not have been misleading. Griffis v. State, 242 Ga. 26 ( 247 S.E.2d 833) (1978).

Judgment affirmed. McMurray, P. J., and Birdsong, J., concur. Shulman, J., not participating.

SUBMITTED APRIL 3, 1979 — DECIDED JUNE 5, 1979.