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State v. Thomas

The indictment failed to sufficiently allege the manner in which the felony theft by taking occurred and the dates the crimes allegedly occurred.

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Shannon D. Thomas was indicted for one count of felony theft by taking.1 Thomas filed a Demurrer/Motion to Quash the indictment on the ground that it was defective. The trial court granted the motion, and the State now appeals. For the reasons that follow, we affirm.

The record shows that Thomas was indicted for felony theft by taking in violation of OCGA § 16-8-2 in a count alleging that “between November 17, 2012, and December 15, 2012, Thomas did unlawfully take United States funds, the property of Robert Lee, with a value greater than $5,000.00, with intent to deprive said owner of said property . . . .” Thomas filed a demurrer/motion to quash the indictment, arguing that the single count failed to provide sufficient notice regarding the manner of commission or identify the date of the crime with sufficient particularity. She contended that pursuant to State v. Layman,2 the State was required to narrow the date of the alleged occurrence of the crime if it reasonably could do so.

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