Irby v. State

TAYLOR, Judge.

The appellant, Henry Irby, was convicted of theft of property in the second degree, in violation of § 13A-8-4, Code of Alabama 1975. He was sentenced to 10 years in prison.

The state’s evidence tended to show that, on September 26, 1991, the appellant and three other men were loitering in a convenience store. The cashier, Priscilla Rogers, told the men that if they were not going to buy anything that they would have to leave. They then left the store, but they returned later. During their second visit, one of the men approached the counter where Rogers was standing and began…