Willingham v. State , 198 Ga. App. 178 ( 1990 )


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  • Carley, Chief Judge.

    Appellant was tried before a jury and found guilty of 13 counts of theft by conversion of documents from the University of Georgia Library. He appeals from the denial of his motion for new trial.

    1. The denial of appellant’s motion to suppress is enumerated as error.

    Appellant’s reliance upon Hill v. State, 193 Ga. App. 280 (387 SE2d 582) (1989) is misplaced. Insofar as Hill might arguably be relevant to the facts of the instant case, it has been overruled. State v. Harber, 198 Ga. App. 170 (401 SE2d 57) (1990). Appellant’s remaining contentions have been considered and are found to be without merit. The trial court was authorized to find that all searches were conducted in full compliance with applicable constitutional and statutory requirements.

    2. We find no error in the trial court’s failure to sustain appellant’s challenge for cause which was directed towards prospective jurors who were employees of the University of Georgia, but who were not otherwise employed in, or assigned to, the University of Georgia Library. See Jordan v. State, 247 Ga. 328, 338 (6) (276 SE2d 224) (1981); Culbertson v. State, 193 Ga. App. 9, 10 (2) (386 SE2d 894) (1989); Hickox v. State, 138 Ga. App. 882 (1) (227 SE2d 829) (1976). *179See also United States v. Boyd, 446 F2d 1267, 1275 (10) (5th Cir. 1971). This is not a case wherein the prospective jurors were employees of appellant or any other party to the case. Compare Kesler v. State, 249 Ga. 462, 470 (6) (291 SE2d 497) (1982); Daniel v. Bi-Lo, Inc., 178 Ga. App. 849, 850 (1) (344 SE2d 707) (1986). Only appellant and the State were parties in this criminal case. While kinship to the victim may automatically disqualify prospective jurors in a criminal case pursuant to OCGA § 15-12-163 (b) (4), mere employment by the University of Georgia when the actual victim was the University of Georgia Library is not a per se disqualification under the above cited holdings.

    3. It was not error to admit, over appellant’s objections, numerous exhibits which were adequately shown to be business records of the University of Georgia Library. See Gray v. Cousins Mtg. &c. Investments, 150 Ga. App. 296 (1) (257 SE2d 365) (1979); Lewis v. United Cal. Bank, 143 Ga. App. 126 (1) (237 SE2d 645) (1977) aff’d 240 Ga. 823 (242 SE2d 581) (1978); Cotton v. John W. Eshelman & Sons, 137 Ga. App. 360, 361 (1) (223 SE2d 757) (1976).

    4. The evidence, when construed most favorably for the State, was sufficient to authorize a rational trier of fact to find proof of appellant’s guilt beyond a reasonable doubt and it was not, therefore, error to deny his motion for a directed verdict of acquittal. See Adcock v. State, 170 Ga. App. 753 (1) (318 SE2d 492) (1984) aff’d 253 Ga. 328 (322 SE2d 61) (1984).

    5. Having considered appellant’s fatal variance argument, we find that it has no merit. The evidence, when construed most favorably for the State, would authorize a finding that within the applicable statute of limitations, appellant committed the crimes that the multi-count indictment alleged he had committed. See Decker v. State, 139 Ga. App. 707, 709 (5) (229 SE2d 520) (1979).

    Judgments affirmed.

    Deen, P. J., McMurray, P. J., Birdsong and Cooper, JJ., concur. Banke, P. J., concurs specially. Sognier and Pope, JJ., dissent. Beasley, J., concurs in Divisions 1, 3, 4 and 5, but dissents as to Division 2, and as to the judgment.

Document Info

Docket Number: A90A1004

Citation Numbers: 401 S.E.2d 63, 198 Ga. App. 178

Judges: Banke, Birdsong, Carley, Cooper, Deen, McMurray, Sognier

Filed Date: 12/5/1990

Precedential Status: Precedential

Modified Date: 8/21/2023