Capps v. State

Appellant was tried and convicted of the offense of receiving stolen property in the second degree; sentence, three years. Hence this appeal arises.

Officer Jerry Newton testified that he observed the defendant and two other persons at the fairgrounds in Andalusia on May 18, 1981. He testified that each of the three was carrying a sack, and that he later found three sacks behind a building. He identified three sacks in the courtroom as the ones he found. The sacks were introduced into evidence. During questioning by appellant's counsel, officer Newton testified that he had seen the appellant…