Baker v. State

Lionel C. Baker was indicted for the offense of theft of property in the first degree, in violation of § 13A-8-3, Code of Alabama 1975. The jury found Baker guilty as charged in the indictment, and he was sentenced to seven years in the state penitentiary and was ordered to pay court costs, attorney fees, restitution in the amount of $1,200, and $50 to the victims crime compensation fund. Two issues are raised on appeal.

Baker contends that the prosecution did not prove a case of theft of property by deception because more than mere failure to perform a promise is required to support an…