Scarber v. State

Smith, Judge.

Scott Scarber was indicted for felony theft by conversion and convicted of misdemeanor theft by conversion. OCGA §§ 16-8-4; 16-8-12. His motion for new trial was denied, and he appeals, contending in his sole enumeration of error that the evidence was insufficient to support the conviction. We agree and reverse.

Thomas, the State’s only witness at trial, testified that she knew Scarber, who is in the furniture refinishing business. He had done work for her and her former husband, but she also had a personal relationship with him. Scarber agreed to sell several pieces of antique…