Swinney v. State

Robby Swinney was indicted for theft in the first degree in violation of § 13A-8-3 (a), Code of Alabama 1975 as amended. The jury found the appellant "guilty as charged in the indictment" and the trial judge sentenced him to ten years' imprisonment in the penitentiary. The appellant's application for probation had not been ruled upon by the trial court at the time this appeal was filed with this court.

Leburn Hudson testified that he farms soybeans and wheat. He stated that he had contracted with S R Farm Service Corporation (hereinafter referred to as S R) for storage of his crops at various…