Cain v. State

Ebhrhardt, Judge.

The court erred in refusing to permit the defendant to testify as to his intention to return the automobile. Intent,at the time of taking permanently to deprive the owner of the property is an essential element of the crime for which the defendant was being tried. Austin v. State, 65 Ga. App. 733 (1) (16 SE2d 497). The defendant was sworn and testified as a witness in his own. behalf. In so doing testimony as to what his intention had been was not opinion evidence, but proof of a substantive fact. Alexander v. State, 118 Ga. 26 (44 SE 851).

The evidence strongly indicates that…