Horne v. State

HARRIS, Judge.

This is a welfare fraud case in which Alice Freeman Horne was convicted of obtaining money under false pretenses and sentenced to three years’ imprisonment with no probation.

The appellant argues that her prosecution for welfare fraud did not comply with the applicable statute of limitations. Two cases are controlling on this issue. In Smith v. State, 409 So.2d 927 (Ala.Cr.App.1981), cert. denied, 409 So.2d 930 (Ala.1982), we held that the state could elect to prosecute a welfare fraud, of the type presented herein, as an offense of obtaining personal property or money by false…