Austin v. State

Birdsong, Presiding Judge.

Following a trial by jury, Donald Austin was convicted of one count of simple battery, in violation of OCGA § 16-5-23.

The victim, Mr. Lambros, was an acquaintance of the appellant. Appellant Austin and Lambros each owned and operated appliance stores. If either was low in inventory, he would customarily acquire stock from the other at wholesale cost. On one occasion appellant ac quired from Lambros three stoves, valued at approximately $899. One of appellant’s employees delivered a blank check to Lambros to be used in paying for the stoves. Lambros filled in the…