Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

WARSHAM v. THE STATE.

McMURRAY, Presiding Judge.

Defendant Warsham appeals his conviction of felony theft by shoplifting. Held:

1. Defendant's first enumeration of error contends that the evidence was insufficient to support the verdict. The State's evidence shows that defendant was followed through a department store by a store detective who observed defendant conceal merchandise from three separate departments of the store in a white plastic bag. Defendant was then observed returning to each department of the store from which he had taken merchandise and soliciting a cash refund for the merchandise by representing that he had purchased it earlier. This evidence was sufficient to authorize any rational trier of fact to find proof beyond a reasonable doubt of defendant's guilt of theft by shoplifting. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560); Williams v. State, 198 Ga. App. 214 (1) ( 400 S.E.2d 638).

2. Defendant's second enumeration of error contends that he was denied his right to confront the witnesses against him and was denied his right to a thorough and sifting cross-examination of the witnesses by the refusal of the State to produce the allegedly stolen items. The record is unclear as to whether the allegedly stolen items had been returned to the shelves of the department store or retained by store security in a locker. In their place, a photograph of the items was introduced. Defendant's only objection at trial was predicated on the best evidence rule and the issues now raised on appeal were not raised at trial. These issues which defendant seeks to raise for the first time on appeal are waived due to the failure to assert them below. Norman v. State, 197 Ga. App. 333, 335-337 (4) ( 398 S.E.2d 395); Romano v. State, 193 Ga. App. 682 (1) ( 388 S.E.2d 757).

3. Defendant's final enumeration of error contends that the determination that the offense was a felony was based on inadmissible hearsay. The store detective testified as to the price shown on the price tags attached to the merchandise recovered from defendant. This was sufficient proof of the value of the merchandise (OCGA § 16-8-14 (c)), and the store detective's testimony as to what she saw on the price tag was not hearsay. This enumeration is without merit.

Judgment affirmed. Sognier, C. J., and Andrews, J., concur.

DECIDED JUNE 18, 1991 — RECONSIDERATION DENIED JULY 3, 1991.
Use AI to get other relevant cases.

Comments

WARSHAM v. STATE
(Jun 18, 1991)