Willoughby v. State

Webb* Judge.

Ella Willoughby appeals from her conviction of theft by taking and disorderly conduct. Held:

1. (a) The jurat of the affidavit upon which the theft by taking accusation is based is not signed. Consequently the affidavit is void and the conviction for theft by taking a nullity. Scroggins v. State, 55 Ga. 380; Gilbert v. State, 17 Ga. App. 143 (86 SE 415). Accord, Chauncey v. State, 129 Ga. App. 207, 208 (2) (199 SE2d 391). Cf. State v. Barnett, 136 Ga. App. 122 (220 SE2d 730). (Complaint or affidavit for search warrant must be signed).(b) The state contends that the accusation and…