McMurphy v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Appellant was convicted of theft in the second degree and, as a habitual offender, was sentenced to fifty years' imprisonment.

The evidence as produced by the state tended to show the following facts. Late in the afternoon, on November 6, 1981, the appellant entered Lazenby's Firestone in Opelika, Alabama, which was owned by Mr. Elmer Lazenby.

Mr. Lazenby testified that appellant stated he owned a motel in Boaz, Alabama, and wished to buy two television sets. The…