Loper v. State

ON REHEARING

Our original opinion is withdrawn and this corrected opinion is to be substituted for that issued August 14, 1984.

Appellant Otho Belton Loper II, also known as Sonny Loper, was indicted for first degree theft and first degree theft by deception. Appellant's wife, Martha Loper, was indicted as well. The charge was that he obtained $27,600 from a retired Mobile couple on social security, Mr. and Mrs. Richard Fay, by promising to use the money to purchase "the O'Brien tract in Stewart County, Georgia" without the intention to perform or knowing that the act would not be performed.

Foll…