Spearman v. State

MAXWELL, J.,

for the Court:

¶ 1. Keith Spearman challenges his auto-theft conviction claiming his indictment was fatally defective for failing to charge two essential elements of the crime. Although Spearman’s indictment did not track the language of the current version of the auto-theft statute, we find it contained the essential elements of the offense. We also find the jury’s guilty verdict is not against the overwhelming weight of the evidence. Therefore, we affirm Spearman’s conviction and sentence.

FACTS

¶ 2. On February 9, 2009, Fleming Lumber Company (Fleming) took one of its trucks to…