Benefield v. State

Earl Benefield was indicted and convicted for theft of property in the first degree. Sentence was twenty years' imprisonment. Two issues are raised on appeal.

I

The evidence was sufficient to sustain the verdict. The defendant was charged with "obtaining by deception" control over a tractor under Alabama Code 1975, § 13A-8-3. Section13A-8-2 states: "A person commits the crime of theft of property if he: * * * (2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his property." Deception occurs when a person "(p)romises performance which the…