Morgan v. State

HARRIS, Judge.

On October 7,1981, the Cherokee County Grand Jury indicted appellant, Joe Morgan, for theft in the second degree. On May 11, 1983, he was convicted of the offense and was sentenced to fifteen years’ imprisonment in the state penitentiary as a habitual felony offender.

On October 2,1981, Carden Colley picked up his Sears Model 200 12-gauge shotgun from Max Studdard’s gun shop. Colley then locked the gun in his car and left. When he returned to the car an hour and a half later, the gun had been stolen.

Approximately two hours later appellant entered Studdard’s gun shop with the…