Dukes v. State

Fletcher, Justice.

A jury convicted William Shane Dukes, a wrecking service and body shop owner, of the unlawful taking of two automobiles whose bodies were found in junk yards and whose motors and transmissions were recovered from another wrecking service. The Court of Appeals affirmed his convictions for theft by taking. This court granted the writ of certiorari to decide whether a trial court may give a jury charge on an entire Code section that defines a crime in two ways when the indictment alleges that the defendant committed the crime in only one way. Although we affirm one conviction,…