Smith v. State

Blackburn, Judge.

Gretta Smith appeals her conviction of theft by taking. While employed as a cashier by Friendly Gus-Food Stores, Smith repeatedly manipulated the cash register to void certain transactions which had actually taken place, and then stole the money from those transactions. By this method, Smith stole $15,614.22. She argues that the trial court erred in failing to charge the defense of alibi, and claims she received ineffective assistance of counsel.

1. During the charge conference, in response to a direct question by the judge, Smith’s counsel stated that he was not asserting an…