Brooks v. State

Appellant, Samuel Robert Brooks, was indicted in a two-count indictment for theft of property in the first degree, in violation of § 13A-8-3, Code of Alabama 1975, and possession of a forged instrument in the second degree, in violation of § 13A-9-6. A jury found him guilty of theft and acquitted him of possession of a forged instrument. He was sentenced to ten years’ imprisonment on the theft conviction. He appeals, raising two issues.

I

Appellant first contends that there was a fatal variance between the indictment charging the theft of $16,810.77 in currency and proof of a theft of a check…