ADAMS, Justice.
Petitioner, Rufus Cunningham, was convicted by a Monroe County jury of theft of livestock, in violation of Code of Alabama 1975, § 13A-8-4. Cunningham was sentenced to serve a term of 15 months in the state penitentiary. The Alabama Court of Criminal Appeals affirmed the conviction, without opinion. 541 So.2d 81. We issued our writ of certiorari to review the following issue:
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