Fitts v. State

ON REHEARING

TYSON, Judge.

On October 8,1985 this court unanimously, without opinion, affirmed this cause. Appellant has requested that an opinion be issued in the cause and asserts several issues.

Richard Fitts, alias Terry Scotts, was charged by indictment in a “shoplifting” case with knowingly obtaining or exerting unauthorized control over three pairs of pants, the property of Fred’s Discount Store, of the value of $56.91 taken from a building where property was stored or kept for sale with intent to deprive the owner, contrary to § 13A-8-4, Code of Alabama 1975. The jury found the appellant…