Partain v. State

Evans, Judge.

This is the second appearance of these parties in this court. In Partain v. State, 129 Ga. App. 213 (199 SE2d 549), this court held that since the defendant, a municipal building inspector, was never in lawful possession of funds of a municipality paid to him by a contractor not to make inspections, the alleged crime was either bribery or extortion. The court held he could not be convicted under Code § 26-1808 (theft by conversion). A new trial was ordered by this court.

Submitted March 1, 1976 Decided March 18, 1976. Lewis & Javetz, Emanuel Lewis, for appellant. Andrew J. Ryan,…