Harvest v. State, 3 Div. 661
Citation | 342 So.2d 1369 |
Decision Date | 01 March 1977 |
Docket Number | 3 Div. 661 |
Parties | Thomas HARVEST v. STATE. |
Court | Alabama Court of Criminal Appeals |
Elno A. Smith, Jr., Montgomery, for appellant.
William J. Baxley, Atty. Gen., and James S. Ward, Asst. Atty. Gen., for the State, appellee.
The indictment charged the appellant with the grand larceny of two ladies' blouses of the value of $5.50 each, the aggregate value of $11.00, the personal property of J. C. Penney Company, a corporation. The jury found the appellant 'guilty as charged,' and the trial court entered judgment, setting sentence at eighteen months imprisonment in the penitentiary.
The appellant's motion for a new trial, challenging the weight and sufficiency of the evidence, was duly overruled following a hearing.
Chris Bodine testified that he was a security guard for the J. C. Penney Company at the Montgomery (Alabama) Mall store. Bodine indicated that he was on duty on the evening of March 3, 1976, and was standing in an observation window above the Junior Sportswear Department when he observed the appellant, Thomas Harvest, and a female companion, Gwendolyn Parks, walk over and look at some blouses. He stated that he was five or six feet above this department and could look directly down in this section of the store. Bodine indicated that the appellant and his companion left the store and came back later that evening, that they returned to the Junior Sportswear Department, which was located in the back corner of the store. Bodine stated that he saw the appellant reach on the rack and hand Gwendolyn Parks two blouses, the first one being orange in color, and the second one yellow. He stated that she rolled them up and put them inside her purse. From the record:
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Bodine testified that he followed the appellant and Gwendolyn Parks as they left the store and arrested them. He testified that he retrieved both blouses from the purse of Gwendolyn Parks. Bodine further stated that he had gone through the procedure of checking in merchandise and examining store records, and that the value of each blouse was $5.50, or a total of $11.00 for the two. He indicated this occurred about 7:40 in the evening.
In the cross-examination of Bodine, we find the following:
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At the close of his testimony appellant made a motion to exclude and asked for a directed verdict of acquittal. This was denied.
Gwendolyn Parks testified that she lived at 2422 Council Street in Montgomery, and that she had gone to the J. C. Penney store at the Montgomery Mall on March 3, 1976. She indicated that Thomas Harvest accompanied her. She stated that they had gone looking in three stores before going into J. C. Penney's. She stated that Harvest was looking through a rack of pants while she was looking at blouses, and that she took the two blouses and put them in her purse. She stated that Harvest had his back to her when this occurred. She stated that she rolled up the blouses to put them in her purse. She further stated that as they were leaving the store the security guard stopped them and took them upstairs to the office of the store, and from there he took them to the city jail.
Thomas Harvest testified that he accompanied Gwendolyn Parks on March 3, 1976, to the J. C. Penney store at the Montgomery Mall. He stated that he had gone into several other stores, went into Penney's store, then left and later returned. He stated that he was looking through some pants racks while Gwendolyn Parks looked through some women's blouses. He stated that he did not see her put any blouses into her purse, and that he did not take any off the rack and hand them to her.
The appellant contends the State failed to prove a prima facie case.
When by prearrangement or on the spur of the moment, two or more persons enter upon a common enterprise or adventure and a criminal offense is contemplated, then each is a conspirator, and if the purpose is carried out, each is guilty of the offense committed, whether he did any overt act or not. This rests on the principle that one who is present, encouraging, aiding, abetting, or assisting, or who is ready to aid, abet, or assist the other in the perpetration or commission of the offense, is a guilty...
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Brown v. State
...364 So.2d 382, cert. denied, Ala., 364 So.2d 388 (1978); Holt v. State, Ala.Cr.App., 343 So.2d 582 (1977); Harvest v. State, Ala.Cr.App., 342 So.2d 1369 (1977); and cases cited therein. See also; Lee, supra, (holding that the burden of proving misdemeanor possession is for the defendant as ......
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Johnson v. State
...been repeatedly held that the failure of the court to instruct the jury as to a lesser included offense is not error. Harvest v. State, Ala.Cr.App., 342 So.2d 1369 (1977). Furthermore, neither charge hypothesized a belief or finding "from the evidence," which of itself justified the refusal......
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Tudhope v. State, 5 Div. 425
...another, with the fraudulent intent to convert it to the use of the taker, or to deprive the owner of the property taken. Harvest v. State, Ala.Cr.App., 342 So.2d 1369; Higgs v. State, 113 Ala. 36, 21 So. We hold that the state's evidence was sufficient to sustain the jury verdict and that ......
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Campbell v. State, 8 Div. 315
...a charge on robbery in the third degree or a charge on menacing. In this, we believe the trial court was correct. Harvest v. State, 342 So.2d 1369 (Ala.Cr.App.1977). This case is due to be AFFIRMED. All the Judges concur. ...