State v. Forthe

Blackburn, Judge.

Pursuant to OCGA § 5-7-1, the State appeals the trial court’s order granting the defendant’s demurrer to the underlying indictment alleging eight counts of theft by taking. In seven counts, the indictment alleged that the defendant took money having a value of less than $500, misdemeanors, and, in one count, the indictment alleged that the defendant took money having a value of more than $500, a felony. The defendant’s demurrer was based on the State’s failure to allege the specific amount of money taken with regard to each count. The trial court relied on this Court’s…