Franklin v. State

Eldridge, Judge.

A jury in Hall County found Rickie J. Franklin guilty of unlawfully appropriating Ray York’s timber. In his sole enumeration of error, Franklin contends that the trial court erred in denying his special demurrer to the felony theft by taking indictment returned against him, since an averment in the indictment was allegedly “legally and practically impossible.” We have examined the indictment in light of Franklin’s contention, and we affirm his conviction.

A person commits the offense of felony theft by taking when he “unlawfully takes or, being in lawful possession thereof,…