Bates v. State

BOOKOUT, Judge.

Theft of property in the second degree (violation of Code § 13A-8 — 4(g), theft of livestock); sentence: fifteen years’ imprisonment (habitual offender) and $300 restitution.

I

The appellant contends the evidence was insufficient to connect him with the offense charged. A review of the facts is therefore necessary.

At dusk on February 19, 1980, Lemuel L. Adams drove to his farm in north Montgomery County. On arriving at his pasture Adams said he saw a red and white Dodge pickup truck sitting off the road and on the grass, “right up against my fence.” Simultaneously he saw “two…