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Knight v. State

There was sufficient evidence of defendant's intent to deprive the victims of their property at the time he received it from them.

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Henry Allen Knight was charged with two counts of theft by taking, in that he “did unlawfully take 192 yards of Garnet Colored Slam Dunk Carpet, 200 yards of ” Rebound Pad,” and other property of Dalton Carpet with a total value greater than $500 and in that he further “ did unlawfully take one 1 GT Knee Kicker, one 1 Grundlach Tile cutter,” and various other tools valued in excess of $500, the property of Drew Umholtz. Viewed in the light most favorable to the jury’s verdicts, the evidence revealed the following:

Drew Umholtz was a carpet and vinyl flooring subcontractor for various projects with Dalton Carpet. As of June 1998, Umholtz had worked ten or more such carpet jobs with defendant Knight, another installer for Dalton. On June 22, 1998, having completed one job, Umholtz and Knight drove to the Dalton Carpet shop and loaded carpet, padding, and plank wood flooring into Knight’s van. Also in Knight’s van were several tools1 that Umholtz would sometimes loan to Knight to complete a job if the two separated. Knight was supposed to stay overnight with an uncle in Atlanta and then drive straight to the job site, where he would meet Umholtz at 9:00 a.m. The next morning, Umholtz arrived at the site on time but did not see Knight. After waiting two hours, Umholtz left Knight a note, instructing him to get the house stripped and padded so they could install the carpet the next day. But Umholtz never saw Knight that day or the next, when he installed replacement carpet himself. His tools have never been recovered.

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