Wilkerson v. State

Shulman, Judge.

Appellant was convicted of theft by taking and appeals to this court on the general grounds and on the trial court’s failure to charge on criminal attempt at theft by taking.

1. Although there was some conflict in the evidence, appellant was apparently caught with his hand in the till, in this case, a cash register in a Piggly Wiggly store. There was testimony that while a cashier bent over to recover change appellant had dropped, appellant pulled some $20 bills out of the cash register. Appellant testified that he had formed an intention to take the money, but at the last…