Legal Opinion
State v. Russell
Supreme Court of Georgia
Decided December 2, 1986No. 43437PublishedCited by 5 opinions
1Opinion of the Court
Weltner, Justice.
Consuelo Foster Russell was indicted for conversion of leased personal property pursuant to OCGA § 16-8-19. She leased certain video cassette tapes that, according to the lessor, she did not return. On her motion, the trial court dismissed the indictment, finding OCGA § 16-8-19 unconstitutional. The state appeals.
1. The state contends that the trial court erred in holding that the statute creates a mandatory presumption of intent. OCGA § 16-8-19 (a) defines the crime of conversion of leased personal property. OCGA § 16-8-19 (b) provides that “an intentional conversion shall…
2Cases cited3 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Mullaney v. WilburSupreme Court of the United States · 1975
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
3Cited by5 opinions
- Sherrod v. StateSupreme Court of Georgia · 2006
- Laster v. Star Rental, Inc.Court of Appeals of Georgia · 1989
- O'BRIEN v. DeKalb CountySupreme Court of Georgia · 1987
- Laster v. Star Rental, Inc.Court of Appeals of Georgia · 1989
- State v. RussellSupreme Court of Georgia · 1986