Barbee v. State

This is an appeal from the denial of a petition for writ of habeas corpus. The only issue concerns the sufficiency of the indictment.

Barbee was indicted and convicted for first degree theft of property. Alabama Code 1975, Section 13A-8-2 (1), defines the crime of theft of property to include one who "(k)nowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his property . . ." The indictment under which Barbee was convicted charged that he "did knowingly obtain or exert unauthorized control over a motor vehicle . . . in violation of…