Brundage v. State

Bell, Chief Judge.

The defendant was convicted of theft by taking of two pieces of machinery. Held:

1. The trial court refused to admit into evidence on its own motion, a "bill of sale” for a "bob cat.” The document was clearly irrelevant as it pertained to a different "bob cat” than the one alleged to have been stolen. A court may exclude evidence on its own motion that is not relevant, material or competent. Moody v. Davis, 10 Ga. 403.

2. The state by its evidence established a prima facie case and it included testimony that one of the items of machinery alleged to have been stolen was…