Owen v. State

TYSON, Judge.

Michael D. Owen was charged by indictment with unlawfully exerting or obtaining unauthorized control by deception of $10,-000 in lawful currency, the property of Dr. Barry Wilson, with intent to deprive the owner of said property, contrary to § 13A-8-3, Code of Alabama 1975 as amended.

Following a jury trial at which the appellant was found “guilty of theft of property in the first degree”, a sentencing hearing was held. The appellant was then sentenced to three years’ imprisonment in the penitentiary.

A motion for new trial was filed, which was denied, following a hearing thereon.…