McNearney v. State

Andrews, Judge.

McNearney was charged and convicted of robbery by sudden snatching pursuant to OCGA § 16-8-40 (a) (3), and appeals.

In her sole enumeration of error, McNearney contends that the evidence was insufficient to convict her of robbery by snatching. Specifically, she contends that there was no evidence which showed that the victim was conscious of the theft at the time it occurred, and that the property taken was not within the victim’s immediate presence. She argues that the conviction should be vacated and a verdict for theft by taking entered.

Evidence at trial was that the incident…