State v. Ramos

Banke, Judge.

The trial court sustained the defendant’s motion to quash his indictment for theft-by-taking on the ground that the indictment failed to allege the particular place or location from which the property was taken. The state appeals this order, contending that the trial court’s reliance on our decision in State v. Green, 135 Ga. App. 622 (218 SE2d 456) (1975), a burglary case, was misplaced.

The crime of theft-by-taking is committed whenever a person "unlawfully takes or appropriates any property of another with the intention of depriving him of said property, regardless of the…