State v. Roberts

Gregory, Justice.

We granted certiorari in this case to review the issue considered by the Court of Appeals in Roberts v. State, 156 Ga. App. 405 (274 SE2d 772) (1980). That issue is whether or not the trial court may, at the request of the jury, exercise a discretion to reopen the evidence and allow new evidence to be introduced after jury deliberations have begun. The Court of Appeals answered in the negative. We reverse.

The defendant was on trial upon a charge of theft by taking. It was alleged in the indictment that he took in excess of $900 from his employer. During the State’s case in…