SMITH, Judge.
James Robert Riles, Jr. was convicted of theft by taking. He appeals the trial court's denial of his motion for a new trial and enumerates as error the verdict as being strongly against the weight of the evidence; the denial of his motion for a continuance based on surprise; the refusal to charge the jury on alibi; and the failure to grant a new trial on the basis of newly discovered evidence. We reverse.
The indictment charged appellant with...
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