Ex Parte Scott

We granted certiorari in this case to determine whether the Court of Criminal Appeals was correct in upholding the conviction of Alvin L. Scott for theft of property in the second degree.

Defendant Scott was indicted for violation of Code 1975, §13A-8-4, theft of property in the second degree, and convicted pursuant thereto in the Circuit Court of Baldwin County. After a hearing, defendant was adjudged a habitual offender, and subsequently sentenced to life imprisonment in the penitentiary. Defendant's conviction stems from the following facts:

On or about January 19, 1982,1 at approximately…