Bungener v Bungener

Court of Appeals of Georgia

MURPHY

v.

The STATE.

No. 73960.
May 4, 1987.

Defendant was convicted in the Superior Court, Muscogee County, McCombs, J., of theft by taking, and she appealed. The Court of Appeals, Carley, J., held that: (1) ledger was admissible under business records exception to hearsay rule; (2) defendant's untimely mistrial motion was waived; (3) instruction in response to jury question was not erroneous; and (4) imposition of restitution as condition for probation was erroneous absent post trial presentence hearing on that issue.

Conviction affirmed; sentence reversed with direction.

CARLEY, Judge.

Appellant was indicted for one count of theft by taking. A jury found her guilty. Appellant appeals from the judgment of conviction and sentence entered on the jury's verdict.