Schwerdtfeger v. State

Quillian, Presiding Judge.

The defendant appeals his conviction for criminal attempt to commit theft by taking. Although seven enumerations of error are listed, in fact they present but two issues: 1) whether the evidence was sufficient to sustain the verdict; 2) whether the trial judge’s instructions to the jury involving the issues of theft by taking and attempted theft by taking were prejudicial in that such instructions amounted to expressions or intimations of opinion by the judge as to matters proved. See OCGA § 17-8-55 (Code Ann. § 81-1104). Held:

1. The defendant’s argument as to the…