Franklin v. State

TYSON, Judge.

Hershell Eugene Franklin was indicted by the grand jury for the offense of buying, receiving, concealing, or aiding in concealing stolen property. Trial was held on a plea of not guilty. The jury found appellant “guilty as charged in the indictment,” and the trial court set sentence at four years imprisonment in the penitentiary. This appeal followed.

On the morning of August 31, 1978, Thomas W. Lett parked his Volkswagen Superbeetle on Twelfth Avenue near the University of Alabama in Birmingham. When he returned from work that afternoon his car was gone. He immediately reported…