Pursuant to a jury trial, Kenneth Bradford and Jo Ellen Bryant were convicted of three counts of theft by taking. They appeal, challenging the denial of their general and special demurrers to the indictment, the admission of similar transaction evidence and the sufficiency of the evidence supporting the jury verdict. The challenges are without merit, so we affirm their convictions. 1. Bradford and Bryant argue that the trial court erred in denying their general demurrer because 1 the indictment fails to state a crime, and 2 the indictment did not sufficiently apprise them of the charges. Their arguments disregard the plain language of the indictment.
The indictment charges Bradford and Bryant with three counts of theft by taking, all of which arise from their obtaining funds through fraudulent residential mortgage applications. Count 1 accuses them of the offense of: THEFT BY TAKING in violation of OCGA § 16-8-2 for that said accused, in the County of DeKalb and State of Georgia, on or about September 6, 1996, did then and there unlawfully take United States currency, the property of Matrix Financial Services Corporation, in the approximate amount of $335,942.88, but in any event in an amount greater than five hundred dollars $500, with the intention of depriving said owner of said property, contrary to the laws of said State, the good order, peace and dignity thereof. Said United States currency is further described as part of that currency transferred by and from Matrix Financial Services corporation by check at the September 6, 1996, real estate closing of the property located at 4625 Riversound Drive, Lithonia, Georgia. Count 2 contains language identical to that used in Count 1, including the same victim, except it concerns a real estate closing held on November 8, 1996, for a different piece of property and in the amount of $283,992.97. The language of Count 3 is likewise identical to that of the other two counts, except it identifies a different victim, closing date, piece of property, and amount of money stolen —$336,726.25.
