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Bettis v. State

A spontaneous utterance is not inadmissible simply because it takes the form of a question.

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A Chatham County jury found Aubrey Bettis guilty beyond a reasonable doubt of robbery by sudden snatching, OCGA § 16-8-40 a 3. He appeals from the denial of his motion for new trial, contending the trial court erred in admitting certain evidence and in failing to charge the jury on a lesser included offense. Finding no error, we affirm. The record shows the following undisputed facts. On July 29, 2004, Bettis went to the office of Paper Stock Dealers, where the victim worked. The victim knew Bettis because he had previously been to the office several times. While in the office, Bettis spoke to another employee about money that he claimed the business owed him. As Bettis was leaving the office, he took a petty cash box off of the victim’s desk. The petty cash box contained approximately $235. The victim was at her desk at the time and saw Bettis moving toward the door with the box. She reached across the desk to try to grab him but could not reach him. The victim yelled out that Bettis was stealing the box, but was unable to stop him before he got through the door. Another employee saw Bettis run through the parking lot with the box and get in a car. The employee got the tag number from the car, and someone in the office called the police. The victim told police that Bettis was the robber.

Bettis testified at trial and admitted that he took the petty cash box from the victim’s desk while she was sitting at the desk and that he left with the box. He claimed he took the cash because the business owed him money.

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