Smith v. State

BLACKBURN, Presiding Judge.

Following a jury trial, Tommy Lee Smith appeals from his conviction of theft by shoplifting, contending that the trial court erred by: (1) refusing to instruct the jury on the crime of theft by receiving stolen property as a lesser included offense of theft by shoplifting; (2) not granting a directed verdict of acquittal because the State failed to exclude every reasonable conclusion from the circumstantial evidence presented; (3) granting of a directed verdict as to some items in the accusation, but not as to all; (4) commenting on the evidence in its grant of a…