Abelman v. State

Birdsong, Chief Judge.

The defendant, Perry A. Abelman, appeals his conviction for theft by taking (OCGA § 16-8-2). Defendant was observed eating some type of food from the salad bar of Big Star, Inc., a grocery store. He was placed under observation by store security and thereafter was seen eating fruit from a metal container. The container was provided by the store for the use of patrons purchasing salad bar items. Defendant judicially admitted that he ate two pieces of cantaloupe from the salad bar. However, he testified to his own prior experience in the grocery business and as to his own…