Opinion
48146.
SUBMITTED MAY 3, 1973.
DECIDED MAY 9, 1973.
Theft by taking. Gwinnett Superior Court. Before Judge Pittard.
Jack Holland, for appellant.
Bryant Huff, District Attorney, Gary Davis, Dawson Jackson, for appellee.
The defendant was convicted of theft by taking of a horse (Code § 26-1802 (a)) and sought a new trial on the general grounds only. A careful review of the transcript reveals that there is evidence upon which a conviction might rest, and we should not disturb it. Carnes v. State, 28 Ga. 192.
Indeed, the defendant does not deny the testimony of two people, with whom he was riding around and drinking beer, that he had a bridle with him and told them he was going to get a horse that he had bought, that he took the horse at night from the pasture of another, rode the horse to his home and tied it to a tree behind his house. His only defense, as asserted in his unsworn statement, was that "I was drunk and I don't remember nothing about the horse. I woke up the next morning and there it was."
"If the condition of a man's mind, when unexcited by liquor, is capable of distinguishing between right and wrong, reasoning and acting rationally, and he voluntarily deprives himself of reason by intoxication, and commits an offense while in the condition, he is criminally responsible for it." Choice v. State, 31 Ga. 424 (7). See also Adkins v. State, 198 Ga. 720 ( 32 S.E.2d 768); Grimes v. Burch, 223 Ga. 856 ( 159 S.E.2d 69); Harrell v. State, 69 Ga. App. 482 (2) ( 26 S.E.2d 151); Cook v. State, 114 Ga. App. 309 ( 151 S.E.2d 155); Burger v. State, 118 Ga. App. 328 ( 163 S.E.2d 333).
"Even if it could be said that the evidence is somewhat weak, after a verdict of guilty, in passing on the motion for a new trial that view of the evidence most favorable to the state must be taken, for every presumption and every inference is in favor of the verdict. Johnson v. State, 69 Ga. App. 663 (2) ( 26 S.E.2d 482)." Morgan v. State, 77 Ga. App. 516, 517 ( 48 S.E.2d 681); Leach v. State, 82 Ga. App. 520 (d) ( 61 S.E.2d 572); Turner v. State, 92 Ga. App. 109 (1) ( 88 S.E.2d 44); Walker v. State, 97 Ga. App. 503 (3) ( 103 S.E.2d 681); Ryder v. State, 121 Ga. App. 796 (3) ( 175 S.E.2d 882); Taylor v. State, 128 Ga. App. 13, 14 ( 195 S.E.2d 294).
Judgment affirmed. Pannell and Stolz, JJ., concur.