State v. Bachan

MCMILLIAN, Judge.

By indictment, the State charged Shaun Michael Bachan with felony theft by taking, OCGA § 16-8-2, for unlawfully taking the statue of Bre’r Rabbit from the Uncle Remus Museum in Eatonton, Georgia. The trial court subsequently dismissed the indictment, and the State appeals. See OCGA § 5-7-1 (a) (1); State v. Henderson, 283 Ga. App. 111, 112 (1) (640 SE2d 686) (2006). For the reasons set forth below, we reverse the trial court’s dismissal of the indictment.

Because the issue before us is a question of law, we do not owe deference to the trial court’s ruling, and we apply the…