Jaco v. State

CARVER, Justice.

On our own motion, our prior opinion of December 10, 1982, is withdrawn and the following opinion substituted.

Mary Evelyn Jaco appeals her conviction of theft and her sentence of 6 years’ confinement and a fine of $2,000.00. Mrs. Jaco urges that she is innocent in fact, or at least, innocent by presumption of law, and that the evidence offered by the State was insufficient to support the jury’s declaration otherwise. We agree; consequently, we reverse and enter a judgment of acquittal.

The indictment alleges that Mrs. Jaco did “unlawfully, intentionally and knowingly…