Green v. the State
2017 Ga. App. LEXIS 424
Ga. Ct. App.2017Background
- Defendant Casey Green, a forester who handled timber sale payments, was tried in Wheeler County and convicted after a bench trial of four counts of theft by taking for endorsing and depositing checks made payable to RC Timber.
- Clark (owner of T.C. Logging) prepared four checks payable to RC Timber/Compton and gave them to Green to deliver to Compton for payment to a landowner; instead Green endorsed them in his name and deposited them into his Wheeler County State Bank account.
- A bank teller processed the deposits after Green explained the initials were transposed; Clark discovered nonpayment to the landowner, obtained copies showing endorsements, and reimbursed the landowner and Compton after confronting the bank.
- Green testified he and Compton were partners and that Compton asked him to deposit the checks into Green’s account; Compton did not testify. Green did not explain the deposits to Clark or the bank when asked.
- Trial court found Green’s testimony not credible and concluded he unlawfully appropriated the checks with intent to deprive Clark/Compton of the proceeds; Green appeals arguing insufficiency of the evidence and lack of proof of intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for theft by taking | State: evidence shows Green was entrusted to deliver checks and instead endorsed and deposited them for his use | Green: testified he had authority as partner with Compton to deposit checks; Compton’s absence leaves no contradictory evidence | Affirmed — viewed in light favorable to prosecution, evidence supported conviction; trial court weighed credibility and found Green not credible |
| Proof of intent to permanently deprive | State: endorsements, misrepresentation to teller, failure to account, and deviation from long‑standing practice show intent | Green: argued expenses/repayments entitled him to proceeds, negating criminal intent | Affirmed — trier of fact could infer intent from conduct, representations, and circumstances |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for appellate review of sufficiency of evidence)
- Thompson v. State, 277 Ga. 102 (Georgia articulates standard for sufficiency review)
- Brown v. State, 302 Ga. App. 641 (theft by taking gravamen is taking property of another against will)
- Frost v. State, 269 Ga. App. 54 (depositing checks payable to another into defendant’s account supports theft conviction)
- Wiggins v. State, 334 Ga. App. 54 (verdict upheld if some evidence supports each fact necessary for state’s case)
- Bearden v. State, 316 Ga. App. 721 (intent may be inferred from words, conduct, demeanor, motive, circumstances)
- Jordan v. State, 242 Ga. App. 547 (unauthorized deposit of checks into defendant’s account supports theft finding)
- Kelly v. State, 270 Ga. App. 380 (in bench trials, trial court determines credibility)