Warren v. State
309 Ga. App. 596
Ga. Ct. App.2011Background
- Warren served as business manager for a doctor's medical practice.
- She signed and mailed 52 checks drawn on the practice's bank account totaling over $100,000.
- The checks were used to pay her personal credit card debts.
- The doctor testified Warren had no authority to sign checks or make such purchases.
- The trial admitted credit card statements under the business records exception to hearsay.
- Warren was convicted on 52 counts of first degree forgery, 50 counts of felony theft by taking, and 2 counts of misdemeanor theft by taking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Warren | State | Sufficient evidence to support verdicts |
| Venue proof beyond a reasonable doubt | Warren | State | Venue proven beyond a reasonable doubt |
| Admissibility of credit card statements | Warren | State | Statements admissible under business records rule |
Key Cases Cited
- Jackson v. State, 209 Ga. App. 217 (1993) (sufficiency and venue considerations in criminal appeals)
- Walker v. State, 127 Ga. 48 (1906) (definition of uttering a check)
- Hudson v. State, 188 Ga. App. 684 (1988) (utterance of a check as genuine instrument)
- Moore v. State, 154 Ga. App. 535 (1980) (business records foundation in hearsay context)
- Jackson v. Virginia, 443 U.S. 307 (1979) (beyond a reasonable doubt standard for sufficiency)