Baker v. State

5 Citing cases

  1. Scarber v. State

    211 Ga. App. 260 (Ga. Ct. App. 1993)   Cited 7 times
    Reversing conviction for theft by conversion of consigned furniture because "there was no evidence of what happened to [the complainant's] furniture or her money" and no evidence that the defendant actually sold the furniture or kept money from any sale

    The statute cannot properly be employed in the enforcement of civil contract rights. Baker v. State, 135 Ga. App. 500, 501 ( 218 S.E.2d 171) (1975). In the recent decision of Barrett v. State, 207 Ga. App. 370 ( 427 S.E.2d 845) (1993), this court reversed a conviction for theft by conversion under very similar circumstances.

  2. Tchorz v. State

    397 S.E.2d 619 (Ga. Ct. App. 1990)   Cited 7 times

    Accordingly, appellant's conviction must be reversed. See Baker v. State, 135 Ga. App. 500, 501 ( 218 S.E.2d 171) (1975). Judgment reversed. Carley, C. J., and McMurray, P. J., concur.

  3. Jackson v. State

    223 S.E.2d 239 (Ga. Ct. App. 1976)   Cited 3 times

    Moore v. State, 104 Ga. App. 93, 94 ( 121 S.E.2d 75); Baker v. State, supra. In a subsequent appeal of Baker v. State, 135 Ga. App. 500 ( 218 S.E.2d 171), we held that, where the state merely proved a breach of contract, this could not support a conviction for fraudulent conversion. The evidence in Baker was that the defendant was fully paid for construction of two houses, yet he completed neither because he had run into unforeseen difficulty with a subcontractor.

  4. Combs v. State

    898 S.E.2d 878 (Ga. Ct. App. 2024)

    (Citation omitted.) Connally v. State, 265 Ga. 563 (1), 458 S.E.2d 336 (1995).Scarberv.State, 211 Ga. App. 260, 439 S.E.2d 83 (1993), citing Smith v. State, 229 Ga. 727, 194 S.E.2d 82 (1972); Bakerv.State, 135 Ga. App. 500, 501, 218 S.E.2d 171 (1975). [3, 4] While Combs argues that he was in a partnership with the Robinsons and therefore could not be guilty of conversion for any decisions he made with partnership funds, we disagree that it was shown as a matter of law that a partnership existed, and it does not appear that Combs argued at trial that additional jury charges should have been given on the issue of partnership.

  5. Salter v. State

    294 S.E.2d 612 (Ga. Ct. App. 1982)   Cited 3 times

    2. The trial court did not err in denying defendant's motion for a new trial made on the ground that the evidence was insufficient to show that defendant converted the vehicles to his own use. Baker v.State, 135 Ga. App. 500 ( 218 S.E.2d 171), cited by defendant and holding that no inference could be made from the facts of that case that the defendant therein had converted the property to his own use, is factually distinguishable. In the instant case the jury was authorized to find from the evidence that defendant made an agreement with the owner of the vehicles, a used car dealer, to take them to Tampa, Florida, sell them and return the proceeds, less his commission, to the owner; that defendant did take the vehicles and sell them for about $45,000, did not remit any of the proceeds to the owner, and was not seen or heard from by the owner for about 18 months thereafter until defendant was arrested on a fugitive warrant.