Cook v. State

BOWEN, Presiding Judge.

Clyde Douglas Cook was indicted and convicted for receiving stolen property in the second degree. Alabama Code 1975, § 13A-8-18. He was sentenced as a habitual offender to 15 years’ imprisonment. His conviction must be reversed because the State failed to prove that the property found in his possession was in fact the same property described in the indictment.

The trial was short and only two witnesses testified. William Youngblood owned Youngblood Mobile Home Sales. He testified that in June of 1981 (although it is apparent that the burglary occurred in 1980) his…