A Floyd County jury found Dennis Gould guilty of theft by taking. Gould appeals, contending 1 the evidence was insufficient to support his conviction, 2 the trial court erred in not dismissing the case for lack of venue, 3 the trial court erred in refusing to grant him a continuance to obtain counsel or prepare himself for trial, and 4 the trial judge did not follow proper procedure when confronted with a request to disqualify him. We find no error and affirm Gould’s conviction. 1. Gould contends the evidence was insufficient to support his conviction for theft by taking. We disagree. “A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.”1
Viewed in a light most favorable to support the jury’s verdict, the evidence shows that Gould and Guillermo Gonzalez-Holguin “Gonzalez” met in Atlanta, Georgia to discuss investing in U. S. Government securities. Gould explained the system, the possible return on the investment, and his commission fees. Subsequently, Gonzalez made two separate transfers of money to Gould, totaling over four million dollars. Gonzalez transferred the funds from his account in Switzerland to an account controlled by Gould in St. Vincent in the Grenadines. Gonzalez later became concerned about his money because Gould did not return his phone calls. Gould demanded return of the money and brought the matter to the state’s attention. An investigation revealed that Gould had set up various entities through an agent in Las Vegas and had directed the transfer of portions of the money to a number of entities, including banks, corporate entities owned by Gould, a car dealership in Atlanta, Gould’s ex-wife, and educational grants on behalf of his ex-wife’s son. The evidence further showed that the money was not transferred for Gonzalez’ benefit or use.
