Lasley v. State
Lasley v. State
Opinion
The defendant was indicted and convicted for receiving stolen property in the second degree. Alabama Code 1975, Section
The defendant maintains that the State failed to prove that the market value of the stolen property, Code Section
The evidence shows that on the 8th of January, 1981, Ethel Mae Taylor's home was burglarized and among the property taken were two television sets and one shotgun. Mrs. Taylor testified that she had no opinion of the present value of this property.
She did testify that both sets were black and white, that they both worked, that she purchased one set in 1974 and the other in 1980, and originally paid $500.00 for one set and $600.00 for the other.
Lieutenant G.E. Robinson of the Prichard Police Department testified that the fair market value of the type .12 gauge shotgun that was stolen was between $60.00 and $80.00.
Defense counsel moved to exclude the State's evidence on the ground that "there is no evidence whatsoever . . . that the value of the items taken were more than $100.00."
"As with the crimes of theft of property and theft of services, the value of the thing stolen is a primary factor in determining the degree" of the crime of receiving stolen property. Commentary following Code, Section
Just as the corpus delicti of the crime charged and the defendant's criminal agency may be established by circumstantial evidence, Stewart v. State,
We hold that the evidence "as to what the stolen property cost at the time it was purchased by its owner" and "the serviceability of the property at the time it was allegedly stolen" furnished an adequate, *Page 195
if not substantial, basis for a finding by the jury that the property was worth more than $100.00. Johnson v. State,
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Alonzo Lasley v. State.
- Cited By
- 5 cases
- Status
- Published