Capps v. State

The appellants, Melvin Roger Capps and Dennis James Capps, were convicted of burglary in the third degree and theft of property in the first degree in the Circuit Court for Chilton County. Each appellant was sentenced to life imprisonment on the theft charge and to 15 years' imprisonment on the burglary charge, pursuant to the Habitual Felony Offender Act. The two cases have been consolidated for purposes of appeal.

The state's evidence tended to show that at 2:00 a.m. on April 20, 1990, Mr. Laiton Lenoir and his son-in-law, Tony Smith, noticed a truck parked in front of their workshop at…