Lark v. State

Beasley, Judge.

Defendant appeals his conviction of theft by taking, OCGA § 16-8-2. He was tried by the court without a jury.

1. Defendant was spotted by a store detective in the men’s department. The detective noticed him because he was carrying an empty shopping bag and appeared to be aimlessly looking around. During the approximately thirty-minute period during which the detective constantly observed defendant, he did not speak to anyone else and was not assisted by a salesperson.

Defendant took a shirt out of its wrapper, left the wrapper on the floor, took his shirt off, and put the new…