Kimble v. State

6 Citing cases

  1. Stratacos v. State

    293 Ga. 401 (Ga. 2013)   Cited 16 times
    Holding that there was insufficient evidence for the jury to find the value, "directly or by deduction," because without more detailed evidence, any determination the jury made as to value "would be speculative rather than properly based on the evidence presented"

    And we add that courts relying on old precedents regarding evidentiary issues should be particularly attuned to this risk in light of Georgia's new Evidence Code. (c) In addressing Stratacos's argument that the State had not proven “the value of the work done as opposed to the value of the advances given to him,” the Court of Appeals relied on two cases applying OCGA § 16–8–3(a) and (b)(5): Campbell v. State, 286 Ga.App. 72, 648 S.E.2d 684 (2007), and Kimble v. State, 209 Ga.App. 36, 432 S.E.2d 636 (1993). Stratacos, 312 Ga.App. at 786, 720 S.E.2d 256.

  2. Stratacos v. State

    312 Ga. App. 783 (Ga. Ct. App. 2011)   Cited 3 times

    The evidence was sufficient to support Stratacos's conviction for theft by deception in each of the counts, and thus the trial court did not err in denying his motion for a directed verdict. See Kimble v. State, 209 Ga.App. 36, 37(1), 432 S.E.2d 636 (1993). Judgment affirmed.

  3. Campbell v. State

    286 Ga. App. 72 (Ga. Ct. App. 2007)   Cited 4 times

    OCGA § 16-8-3 (b)(5).Kimble v. State, 209 Ga. App. 36, 37 (1) ( 432 SE2d 636) (1993); Holt v. State, 184 Ga. App. 664, 665-666 (1) ( 362 SE2d 464) (1987). OCGA § 16-8-3 (b) (5).

  4. Etienne v. State

    464 S.E.2d 396 (Ga. Ct. App. 1995)   Cited 8 times

    In this case, there was no evidence regarding any specific good conduct and a trial court is not obligated to give a charge not authorized by the evidence. Kimble v. State, 209 Ga. App. 36, 38 (2) ( 432 S.E.2d 636) (1993). The trial court did not err in refusing to give Etienne's requested charge on good character.

  5. Meeks v. State

    455 S.E.2d 350 (Ga. Ct. App. 1995)   Cited 8 times

    We disagree. The charge was not adjusted to the evidence as it must. Kimble v. State, 209 Ga. App. 36 (2) ( 432 S.E.2d 636) (1993). Hutcherson testified that even when off duty, a police officer should not ignore an intoxicated driver and that officers in a personal vehicle may stop a driver in a life threatening situation.

  6. Davis v. Lang

    No. 17-10069 (11th Cir. Aug. 30, 2017)   Cited 6 times

    Further, to prove a misdemeanor violation under § 16-8-3(b)(5), the State must only show that the value of the services Plaintiff actually provided was less than the value obtained from Rivers. See Stratacos v. State, 748 S.E.2d 828, 830-31 (Ga. 2013); see also Kimble v. State, 432 S.E.2d 636, 637-38 (Ga. Ct. App. 1993) (affirming a conviction under § 16-8-3(b)(5) where the defendant took payments under a home construction contract but only partially performed the agreed-to construction). Rivers asserted, both in her interview with Officer Suwinski and in her written statement, that she paid Plaintiff for services that were never performed.