Riles v. State

Smith, Judge.

James Robert Riles, Jr. was convicted of theft by taking. He appeals the trial court’s denial of his motion for a new trial and enumerates as error the verdict as being strongly against the weight of the evidence; the denial of his motion for a continuance based on surprise; the refusal to charge the jury on alibi; and the failure to grant a new trial on the basis of newly discovered evidence; We reverse.

The indictment charged appellant with theft by taking on August 20, 1979. In his opening remarks to the jury, the prosecutor asserted that the state would prove the alleged crime…