Knight v. State
Knight v. State
Opinion of the Court
Henry Allen Knight was charged with two counts of theft by taking, in that he “did unlawfully take 192 yards of Garnet Colored Slam Dunk Carpet, 200 yards of [half-inch] Rebound Pad,” and other property of Dalton Carpet with a total value greater than $500 and in that he further “did unlawfully take one (1) GT Knee Kicker, one (1) Grundlach Tile cutter,” and various other tools valued in excess of $500, the property of Drew Umholtz. Viewed in the light most favorable to the jury’s verdicts, the evidence revealed the following:
Umholtz was a carpet and vinyl flooring subcontractor for various projects with Dalton Carpet. As of Jume 1998, Umholtz had worked ten or more such carpet jobs with defendant Knight, another installer for Dalton. On June 22, 1998, having completed one job, Umholtz and Knight drove to the Dalton Carpet shop and loaded carpet, padding, and plank wood flooring into Knight’s van. Also in Knight’s van were several tools
Similarly, Dalton Carpet never received any accounting or reimbursement for the $1,375 worth of materials loaded into Knight’s van. Knight did not have permission to pick up materials and then fail to apply them to the specified job. After three or four days, the president of Dalton Carpet swore out a warrant.
In three related enumerations of error, Knight contends he cannot, as a matter of law, be guilty of theft by unlawful taking as
1. To “[d]eprive,” as used in Title 16, Chapter 8, Article 1, means in part “[t]o withhold property of another permanently or temporarily.”
2. “The love of gain, the desire to get and have, is so wide a principle of human nature, that other motives being eliminated, that remains as a sort of residuary solvent of conduct.”
Judgment affirmed.
Umholtz itemized a GT knee-kicker, a “gun latch [sic]” tile cutter, a hammer, a carpenter square, a stair tool, two stretcher poles, and a trowel notcher, valued at $640 in total.
OCGA § 16-8-1 (1) (A).
Spray v. State, 223 Ga. App. 154, 156 (1) (476 SE2d 878) (1996).
Steadman v. State, 81 Ga. 736, 737 (2) (8 SE 420) (1888).
See, e.g., Miller v. State, 208 Ga. App. 547 (1) (430 SE2d 873) (1993) (presence of valuables in house is sufficient evidence of intent to commit theft to uphold burglary conviction).
See Renner v. State, 260 Ga. 515, 517 (3) (a) (397 SE2d 683) (1990).
443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Chastain v. State, 244 Ga. App. 84, 85 (1) (535 SE2d 25) (2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.