164 Ga. App. 662 | Ga. Ct. App. | 1982
Lillie Chapman was convicted of fraud in obtaining public assistance and appeals following the denial of her motion for a new trial.
1. Appellant first contends that the trial court erred in failing to charge her sole defense, mistake of fact. The transcript reveals that she did not rely on this defense as she testified that she had informed the caseworker of her daughter’s job when it became full time. The daughter also testified that she talked to the caseworker and told her that her job status had changed. If there was a mistake and the witnesses’ testimony is to be believed, it was made by the caseworker, who did not enter the information in appellant’s file, and did not constitute a mistake on the part of the appellant. Code Ann. § 26-705 provides: “A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by misapprehension of fact, which, if true, would have justified the act or omission.” (Emphasis supplied.) This enumeration is without merit.
2. The trial court did not express an opinion as to a witness’ credibility in the presence of the jury. On cross-examination,
3. The general grounds are also without merit. From the evidence presented at trial, a rational trier of fact could find the defendant guilty beyond a reasonable doubt. Driggers v. State, 244 Ga. 160 (259 SE2d 133) (1979).
Judgment affirmed.