Akins v. Warren

Gregory, Justice.

This court granted certiorari to review the holding of the Court of Appeals announced in Division 2 of Warren v. Akins, 188 Ga. App. 602 (373 SE2d 802) (1988). We reverse, not because of any difference we have with the rule of substantive law stated there, but because we hold the procedural rules of summary judgment law were misapplied.

Akins accused Warren of taking property from him while serving as his employee and prosecuted him in superior court for the crime of theft by taking. At the close of the State’s case Warren moved for a directed verdict of acquittal. The motion…