Body v. State

Full title: BODY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 31, 1978

242 S.E.2d 321 (Ga. Ct. App. 1978)

144 Ga. App. 657

Opinion

55082.

SUBMITTED JANUARY 17, 1978.

DECIDED JANUARY 31, 1978.

Criminal attempt to commit theft. Carroll Superior Court. Before Judge Knight.

E. Carl Prince, Jr., for appellant.

William F. Lee, Jr., District Attorney, Robert H. Sullivan, Assistant District Attorney, for appellee.

BELL, Chief Judge.

Defendant was convicted of criminal attempt to commit theft by deception.

The state's evidence showed that defendant attempted to withdraw money from a local savings and loan association by exhibiting a passbook that did not belong to him. Held:

Defendant's sole enumeration is that the trial court erred in allowing, over objection, evidence that a few days prior to the offense charged defendant attempted to withdraw money from the same bank, by tendering the same passbook. Evidence of a separate crime is admissible when there is evidence that defendant was the perpetrator of that crime and a sufficient similarity or connection between the independent crime and the offense charged so that proof of the former tends to prove the latter. Sloan v. State, 115 Ga. App. 852 ( 156 S.E.2d 177). This evidence was correctly admitted.

Judgment affirmed. Shulman and Birdsong, JJ., concur.

SUBMITTED JANUARY 17, 1978 — DECIDED JANUARY 31, 1978.