Airhart v. State

BOWEN, Presiding Judge.

Gerald Wayne Airhart was indicted and convicted for theft of property in the first degree. Alabama Code 1975, § 13A-8-3. He was sentenced as an habitual offender to 23 years’ imprisonment. Four issues are raised on appeal.

I

There was no fatal variance between an indictment alleging the theft of “lawful currency” and the evidence showing the embezzlement of several checks. This same issue was answered in Farley v. State, 437 So.2d 639, 640-42 (Ala.Cr.App.1983). Compare with Airhart v. State, 388 So.2d 211 (Ala.Cr.App.1979), cert. quashed, 388 So.2d 213 (Ala.1980).

II

Althoug…