Eckles v. State

ON REHEARING

BOWEN, Judge.

The defendant was indicted for the offense of theft of property in the first degree under Alabama Code 1975, Section 13A-8-3. A jury convicted him of the lesser included offense of attempt. Sentence was two years’ imprisonment. Probation was denied because of the defendant’s past criminal record which revealed a “disregard of the law”.

Initially this case was affirmed without published opinion. In his application for rehearing, the defendant raises one issue which we now address as we did originally.

Error is alleged because the prosecutor was allowed to show the…