Tolbert v. State

The appellant in this case, Steve Tolbert, was convicted by a Mobile County jury of theft of property in the first degree and sentenced to twenty years' imprisonment.

Since a knowledge of the facts is relevant to some of the issues raised, we include the following summary of the State's evidence:

On August 6, 1981, Salesman Thomas Gebhart of Meyer Ford in Foley, Alabama, showed a Cougar automobile to a man who called himself "Berryhill" and a woman whom he identified as his wife. At trial, Gebhart identified this man as the appellant.

The three of them took a test drive in the car. Tolbert…