Webb v. State, 5 Div. 241

• Decision Date: 01 April 1975
• Docket Number: 5 Div. 241
• Citation: 55 Ala.App. 195,314 So.2d 114
• Parties: Joe Harvest WEBB v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 114

314 So.2d 114

55 Ala.App. 195

Joe Harvest WEBB v. STATE.

5 Div. 241.

Court of Criminal Appeals of Alabama.

April 1, 1975.

Rehearing Denied May 6, 1975.

Guy F. Gunter, III, Opelika, for appellant.

William J. Baxley, Atty. Gen., and Donald G. Valeska, II, Asst. Atty. Gen., for the State.

HARRIS, Judge.

Appellant was convicted of grand larceny and sentenced to ten (10) years imprisonment in the penitentiary. Prior to arraignment, he was ascertained to be indigent and counsel was appointed to represent him throughout the trial proceedings below and was appointed to represent him on appeal. At arraignment he pleaded not guilty and not guilty by reason of insanity. Trial counsel requested the court to appoint a respectable physician to conduct an examination to determine his mental condition. This request was granted and a member of the Comprehensive Mental Health Center in Opelika was appointed to make this determination. A certificate was filed with the court stating:

'As per your request an examination was made of this man by me on Tuesday, February 19, (1974). Mr. Webb was oriented as to time, place and person. He could remember events with no difficulty. In my talking with him, I could not see any evidence of a psychotic disorder. I believe that he should be held responsible for his actions.'

When the case was called for trial, appellant withdrew his special plea of not guilty by reason of insanity and went to trial on the not guilty plea.

Hudson-Thompson, Inc., a corporation, operated a grocery store in Auburn, Alabama, on December 14, 1973, under the trade name of 'Super Foods'. On the morning of that date, appellant entered the store ostensibly to buy groceries. At this particular time, business was slack and there was only one check-out cash register then in operation. On duty at the time appellant came in were the co-managers of the store and a woman cashier.

When appellant entered the store he got a grocery cart and pushed it back to the meat counter. He got a large shopping bag and began filling the bag with meat items. This attracted the manager of the non-foods department and he went to the manager of the grocery department and reported what he had observed. They both started to the back and met appellant pushing the cart toward the check-out counter. The manager saw only a lunch meat item in the basket of the cart but underneath the basket on some type of platform he saw a large shopping bag and saw meat items sticking out of the bag. The manager asked him what he had in the sack. He did not answer the question but pushed the cart to the side of an aisle and said he had left his wallet and walked out of the store. He returned in two or three minutes and a short while later he started pushing the cart through the check-out counter. Both managers of the store walked toward the front of the store and watched appellant put only the lunch meat item from the cart basket onto the counter. The cashier rang up the purchase and gave appellant some change. The large bag was still on the platform under the basket as appellant pushed the cart out the front door of the store. When he got completely out of the store and on the sidewalk, the manager asked him if he had paid for the items in the bag and he said yes, that he paid for them with a medicare card. He showed the manager the medicare card with his address in the Ridge Crest Apartments in Auburn. The manager knew the store did not accept medicare cards in payment of groceries and asked appellant to go back in the store while he checked the bag to see if there was a cashier's tape or receipt in the bag.

They returned to the meat...