DeFoor v. State

Full title: DeFOOR v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 13, 1975

213 S.E.2d 82 (Ga. Ct. App. 1975)

133 Ga. App. 941

Opinion

49170.

DECIDED FEBRUARY 13, 1975.

Theft by taking. Gordon Superior Court. Before Judge Davis.

Chance Maddox, Cook Palmour, A. Cecil Palmour, for appellant.

Tony H. Hight, for appellee.

EVANS, Judge.

Following the judgment of this court in DeFoor v. State, 131 Ga. App. 767 ( 206 S.E.2d 713), in which we affirmed in part and reversed in part, both the state and defendant applied for certiorari. The Supreme Court in DeFoor v. State, 233 Ga. 190 ( 210 S.E.2d 707), reversed and held that where our judgment affirmed the lower court, we should have reversed; and where our judgment reversed the lower court, we should have affirmed.

Accordingly, the judgment of this court is vacated, and a new judgment reversing in part and affirming in part is entered in accordance therewith.

Judgment reversed in part and affirmed in part. Pannell, P. J., and Webb, J., concur.

DECIDED FEBRUARY 13, 1975.