Smith v. State

Pope, Judge.

Kenneth Smith, Jr. brings this appeal from his conviction of theft by deception. Held:

1. Construed in a light most favorable to the State, the evidence of record shows that the victim, Ms. Vernell West, went to the Oglethorpe Mall in Savannah on November 4, 1983 to shop. Appellant approached her in a wheelchair and asked if she knew where there was a postal service, because he had found an envelope in the parking lot. Another man (apparently a colleague of appellant) came over and looked in the envelope, and the victim saw some money in the envelope. The man asked appellant to…