SMITH v. STATE

4 Div. 473.

482 So.2d 1312 (1985)

Bobby Joe SMITH v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 12, 1985.

Certiorari Denied February 7, 1986.


Attorney(s) appearing for the Case

Michael Crespi, Headland, for appellant.

Charles A. Graddick, Atty. Gen., and Fred F. Bell, Asst. Atty. Gen., for appellee.


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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