Smith v. State

This appeal involves Jeffery Jerome Smith's conviction for theft of property in the second degree, in violation of §13A-8-4, Code of Alabama 1975, and burglary in the third degree, in violation of § 13A-7-7. Smith was sentenced to 15 years' imprisonment, pursuant to the Alabama Habitual Felony Offender Act.

I

Smith contends that the indictment underlying his criminal conviction was moot because, he argues, the foreman of the Grand Jury lived in Houston County during the prosecution of his case, which took place in Geneva County. He bases his argument upon § 12-16-60(a)(1), Code of Alabama 1975,…