Strode v. State

SHIELDS, Judge.

Strode was tried by a jury and convicted of Theft,. I.C. 35-17-5-8(1)(a) and (2)(a) (Burns Code Ed.1975). He contends that (1) his prior acquittal on similar charges should have barred the instant prosecution; (2) the trial court erred in permitting the alternate juror to retire with the jurors and sit in the jury room during deliberations; and (8) there was insufficient evidence to support his conviction. We affirm.

The evidence most favorable to the State discloses the following. Charles Fulkerson, the owner of the stolen CB radio, was at a church outing on the evening of…