Deep v. State

Toofie Deep was indicted under § 13A-8-3, Code of Alabama 1975, for "knowingly obtaining or exerting unauthorized control over a Morgan Portable Building, . . . the property of the State of Alabama, . . . with the intent to deprive the owner of said property." The jury returned a verdict of "guilty as charged" and the trial court sentenced Mr. Deep, the appellant, to three years' imprisonment in the state penitentiary.

In summary, the state theorized that the appellant, as an employee of the "Hurricane Frederick" Disaster Housing Office in Mobile, transported a Morgan Portable Building, which…