Smith v. State

The defendant was convicted for theft of property in the first degree. Alabama Code 1975, Section 13A-8-3. He was sentenced under the Alabama Habitual Felony Offender Act to life imprisonment. Alabama Code 1975, Section 13A-5-9 (c)(2). Four issues are presented on appeal.

I

Here the trial judge, on conflicting evidence, found that consent to search was voluntarily given. The defendant's first allegation of error, that is that the consent was not voluntary, is answered in Weatherford v. State, 369 So.2d 863 (Ala.Cr.App.), cert. denied, 369 So.2d 873 (Ala. 1979).

"(W)hen conflicting evidence is…