Varnedore v. State

Full title: VARNEDORE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 3, 1972

190 S.E.2d 153 (Ga. Ct. App. 1972)

190 S.E.2d 153

Opinion

47004.

ARGUED MARCH 2, 1972.

DECIDED APRIL 3, 1972. REHEARING DENIED APRIL 28, 1972.

Failure to pay for agricultural products. Telfair Superior Court. Before Judge O'Connor.

J. Laddie Boatright, for appellant.

Albert D. Mullis, District Attorney, for appellee.

HALL, Presiding Judge.

Defendant appeals from his conviction for the offense of failing to pay for agricultural products purchased on a cash sale basis. Code Ann. § 5-9914.

The evidence would authorize a finding that this was a cash sale. The court's charge on the subject merely instructed the jury that some reasonable delay between delivery and payment in order to compute the price would not preclude a finding of cash sale. See Troup v. State, 209 Ga. 9 ( 70 S.E.2d 470).

The evidence would also authorize a finding that the offense was committed in Telfair County as defendant arranged and paid for shipment from the collection point there to his place of business. Venue was therefore proper. Garmon v. State, 219 Ga. 575 (4) ( 134 S.E.2d 796).

All other enumerations of error are without merit.

Judgment affirmed. Pannell and Quillian, JJ., concur.

ARGUED MARCH 2, 1972 — DECIDED APRIL 3, 1972 — REHEARING DENIED APRIL 28, 1972.