Byrd v. State

Beasley, Judge.

Appellant was convicted of theft by taking. OCGA § 16-8-2.

1. The first question is whether the court erred by denying the motion for a directed verdict of acquittal because the evidence does not establish the offense.

Stated briefly, the evidence showed that Graddy contracted with appellant to build a laundry room in Graddy’s basement and paid $800 of the contract price at the time the contract was signed. When appellant did not commence the work pursuant to the contract, Graddy terminated the contract and appellant agreed to refund the *447initial amount paid less $25 for materials…