Day v. State

TYSON, Judge.

The indictment charged John P. Day with unlawfully obtaining $3,300 in lawful currency from one Judy Hix, with intent to deprive the said owner of the property, contrary to § 13A-8-3, Code of Alabama 1975 as amended.

The jury found the appellant “guilty as charged in the indictment” and following an extensive sentencing hearing the trial court set sentence at 10 years’ imprisonment under the Habitual Felony Offender Act.

Mrs. Nancy Goff testified that she operated the Hair Unlimited Style Salon on October 25, 1982. While waiting on Mrs. Judy Hix, she received a telephone call from…