Alabama Supreme Court 85-243.
TYSON, Judge.
Bobby Joe Smith was charged by indictment with unlawfully obtaining or exercising unauthorized control over a firearm, to-wit, a .357 Magnum pistol, the property of Timothy Tate, with intent to deprive the owner of said firearm, contrary to § 13A-8-4, Code of Alabama 1975, as amended.
At trial the jury found the appellant "guilty of theft of property in the second degree as charged in the indictment...
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