Pardue v. State

Smith, Judge.

William Douglas Pardue was charged by accusation with the offenses of simple battery, OCGA § 16-5-23, and theft by shoplifting, OCGA § 16-8-14. The accusation was later amended to change the shoplifting charge to theft by taking, OCGA § 16-8-2. In a jury trial, the court directed a verdict on the theft charge, and the jury found Pardue guilty of simple battery. He appeals, contending that the trial court erred in denying his motion for a directed verdict as to this count. We affirm.

Pardue testified at trial that on November 28, 1992, he was on his way home from work about 5:30…