Johnson v. State
Johnson v. State
Opinion of the Court
A jury found defendant guilty of theft of property in the second degree as defined by Alabama Criminal Code (1981 Cumm. Supp.), § 13A-8-4(a). A proceeding under the Habitual Felony Offender Act was instituted against him, and he was sentenced, after an appropriate sentencing hearing, to imprisonment for twenty-one years.
The only issue raised by appellant is thus stated in his brief, “The evidence was not sufficient to sustain the verdict of guilty of theft in the second degree.” Ap-pellee aptly responds in effect that as there is no motion to exclude the evidence, no request for the affirmative charge and no motion for á new trial is shown by the record proper or the transcript of the proceedings, the sufficiency of the evidence is not subject to review.
Anticipating the possibility of some showing or that some contention may be made that an invocation of a ruling of the trial court by one of the methods stated in Peoples v. State, supra, and previous cases has been overlooked in the preparation of the transcript, the preparation of the record, or by the writer, we now note that our review of the transcript convinces us that the evidence was sufficient to support the verdict. It shows without dispute that the property alleged to have been stolen was surreptitiously taken and removed from the store in which it was located and while a man and a woman, who apparently were together, were the only persons, other than two employees, in the store. Both of the
The judgment of the trial court should be affirmed.
The foregoing opinion was prepared by Retired Circuit Judge LEIGH M. CLARK, serving as a judge of this Court under the provisions of § 6.10 of the Judicial Article (Constitutional Amendment No. 328); his opinion is that of the Court.
AFFIRMED.
. Added to such methods of challenging the sufficiency of the evidence, since the trial of the instant case and that of Peoples v. State, supra, and of preceding cases, is “Motion for Judgment of Acquittal,” as provided by Rule 12, effective March 1, 1982, of Alabama Rules of Criminal Procedure, Temporary Rules.
Reference
- Full Case Name
- James Lester Johnson v. State.
- Cited By
- 1 case
- Status
- Published