Cantrell v. State
Cantrell v. State
Opinion of the Court
Charles T. Cantrell was convicted of theft by taking and sentenced to serve ten years. He enumerates as error the denial of his motion for new trial on two grounds: (1) that guilt being predicated upon circumstantial evidence, the evidence does not exclude every reasonable hypothesis except that of guilt; and (2) that it was error to charge upon the theory of conspiracy, the evidence only showing Cantrell’s mere presence at the scene. Held:
The evidence shows that three young women entered an apparel store and started looking at certain leather jackets. They were dressed in such a way and acted in such a way that the sole sales clerk suspected a shoplifting attempt. Shortly after the three women entered the store,
Furthermore, it was not error to charge upon the theory of conspiracy nor base the conviction upon that premise. Code § 26-801; Scott v. State, 229 Ga. 541, 544 (192 SE2d 367); Lumpkin v. State, 176 Ga. 446, 449 (168 SE 241); Jerdine v. State, 137 Ga. App. 811, 812 (224 SE2d 803); McGinty v. State, 134 Ga. App. 399, 400 (214 SE2d 678).
Based upon the foregoing, it was not error for the trial court to deny the motion for new trial on the enumerated grounds.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.