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DeVINE v. STATE

No. A97A1071.

494 S.E.2d 87 (1997)

229 Ga. App. 346

DeVINE v. The STATE.

Court of Appeals of Georgia.

Certiorari Denied February 20, 1998.

Attorney(s) appearing for the Case

Cook, Noell, Tolley & Wiggins, Edward D. Tolley, Ronald E. Houser, Athens, for appellant.

Harry N. Gordon, District Attorney, Richard L. Dickson, Assistant District Attorney, for appellee.

SMITH, Judge.

Billie Mack DeVine was charged by a Clarke County grand jury with two alternative counts of theft by taking, OCGA § 16-8-2, and three counts of perjury, OCGA § 16-10-70(a). He was convicted on one count of theft by taking and one count of perjury. His motion for new trial was denied, and he appeals. Because the State failed to show venue on the theft by taking charge and failed to show the materiality of the underlying testimony on the perjury...

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