Smith v. State

Bobby Joe Smith was charged by indictment with unlawfully obtaining or exercising unauthorized control over a firearm, to-wit, a .357 Magnum pistol, the property of Timothy Tate, with intent to deprive the owner of said firearm, contrary to §13A-8-4, Code of Alabama 1975, as amended.

At trial the jury found the appellant "guilty of theft of property in the second degree as charged in the indictment" and, after a habitual felony offender hearing, the trial judge sentenced the appellant to five years' imprisonment in the penitentiary.

The facts in this case are as set forth in appellant's brief,…