State v. Tullis

Smith, Judge.

Windell Clarion Tullís was indicted for misdemeanor theft by shoplifting, OCGA § 16-8-14, and violation of oath by a public officer, OCGA § 16-10-1, a felony. The trial court granted Tullis’s motion to dismiss the count of violation of oath by a public officer, the State appeals, and we affirm.

It is undisputed that Tullís, a City of Winder police officer, took a candy bar from a convenience store without paying for it. However, the offense of violation of oath by a public officer requires more than the commission of a misdemeanor by a public officer.

OCGA § 16-10-1 provides: “Any…