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Johnson v. State

Court of Appeals of Georgia
Apr 17, 1986
345 S.E.2d 70 (Ga. Ct. App. 1986)

Opinion

71826.

DECIDED APRIL 17, 1986. REHEARING DENIED MAY 8, 1986.

Shoplifting. DeKalb Superior Court. Before Judge Tillman.

Michael M. Sheffield, for appellant.

Robert E. Wilson, District Attorney, Linda W. Hunter, Susan Brooks, Assistant District Attorney, for appellee.


Appellant was tried before a jury and convicted of the offense of theft by shoplifting. He appeals from the judgment entered on the verdict and from the denial of his motion for new trial.

Appellant's sole enumeration is that the trial court erroneously denied the motion for a directed verdict of acquittal made at the close of the State's case. "A trial court must grant a motion for directed verdict unless, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (99 SC 2781, 61 L.Ed.2d 560) (1979)." Lee v. State, 247 Ga. 411, 412 (6) ( 276 S.E.2d 590) (1981).

In the case at bar, a review of the record shows that the jury was authorized to find that appellant aided another in taking several items of clothing from a retail store. There was evidence that appellant stood in front of his accomplice while the latter removed clothing from the racks and hid it on her person and that appellant thereby effectively screened the view of the store personnel who might otherwise have witnessed the theft. Later, when his accomplice attempted to flee, appellant sought to assist her to escape by grabbing and pulling at a security officer. "In our view of the evidence, we must and do conclude that any rational trier of fact could reasonably have found beyond reasonable doubt that [appellant] was a part and parcel of the theft of the clothing, aiding and abetting the actual thief by acting as a screen and lookout and subsequently aiding the thief's [attempt to] escape. [Cit.]" Thomas v. State, 168 Ga. App. 53, 54 ( 308 S.E.2d 59) (1983). There was no error in denying the motion for a directed verdict of acquittal.

Judgment affirmed. McMurray, P. J., and Pope, J., concur.

DECIDED APRIL 17, 1986. — REHEARING DENIED MAY 8, 1986.


Summaries of

Johnson v. State

Court of Appeals of Georgia
Apr 17, 1986
345 S.E.2d 70 (Ga. Ct. App. 1986)
Case details for

Johnson v. State

Case Details

Full title:JOHNSON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 17, 1986

Citations

345 S.E.2d 70 (Ga. Ct. App. 1986)
179 Ga. App. 54