Woods v. State, 8 Div. 661

Decision Date18 November 1975
Docket Number8 Div. 661
Citation325 So.2d 517,57 Ala.App. 1
PartiesEvelyn WOODS v. STATE.
CourtAlabama Court of Criminal Appeals

William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.

HARRIS, Judge.

The grand jury of Lauderdale County returned a two-count indictment against appellant, (1) grand larceny and (2) buying, receiving and concealing stolen property. At arraignment, in the presence of retained counsel, she pleaded not guilty. She waived a jury trial after having her rights explained to her by the trial judge and her lawyer. The record reflects she made an intelligent waiver of a jury trial. At the conclusion of the trial the court found her guilty on both counts of the indictment and sentenced her to one year and one day in the penitentiary. She gave notice of appeal and requested that sentence be suspended pending appeal. This request was granted and bond was fixed at $1,500.00. She made known to the court that she was indigent and sought a free transcript. After a hearing she was found to be indigent and a free transcript was furnished her. Her retained counsel did not file a brief on appeal.

There is no conflict in the evidence. Appellant did not testify nor did she offer any testimony in her behalf.

The first witness called by the state was Barbara Austin who testified that she was an employee of the Piggly Wiggly Grocery Store in Killen, Lauderdale County, Alabama. She stated she worked at the check-out counter in the store. She said that there were three check-out counters in the store but that she was working at the only check-out counter in operation at the time she saw two women enter the store. They were each carrying a purse when they entered the store. She further testified that a few minutes later she saw both women leaving the store and they were each carrying two packages under their arms. She stated they did not come through the check-out counter when they left the store. Mrs. Austin tried to stop the two women by calling out to them but it was too late to stop them. She went to the door of the store and saw them driving away in a blue-grey car but she was unable to get the car tag number. She stated both of these women had been in the store at least twice during the same week and she was within five feet of them and could never forget their faces. She testified that on the occasion in question appellant had on a sleeveless dress and her companion was wearing a maternity top. The cases against both women were, by agreement, consolidated for trial. Mrs. Austin made a positive in-court identification of both women.

Mrs. Austin further testified that the cartons of cigarettes that were sold at the Piggly Wiggly in Killen had a stamp on them saying, 'Killen, Alabama,' and each carton was so stamped with a wide magic marker. Mrs. Austin said she knew this was true as she worked with the cigarette counter.

Mrs. Mary Kathryn Broadfoot testified that she was a customer in the Piggly Wiggly store in Killen, Alabama on the day in question. She stated that two women went in the store just ahead of her. She said the blonde headed lady came around the counter with two cartons of cigarettes under her arm. Mrs. Broadfoot further testified that when she went through the check-out counter to pay for her groceries, she looked up and the two ladies she identified as the two defendants were going out of the supermarket with two sacks under their arms.

Mr. Kenneth Aday, Chief of Police of Killen, Alabama, was called to the store immediately after the two women left the store without paying for the packages they carried from the store. He got a description of the women from Mrs. Austin and the color of the automobile they were driving. He put out a radio broadcast for the suspects. Two days later, August 18, 1974, he was called to Russellville, Alabama, to...

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11 cases
  • Minnifield v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 7, 1980
    ...Kirkland v. State ex rel. Baxley, Ala.Civ.App., 340 So.2d 1121 (1976); cert. denied, Ala., 340 So.2d 1127 (1977); Woods v. State, 57 Ala.App. 1, 325 So.2d 517 (1975), cert. denied, 295 Ala. 430, 325 So.2d 519 (1976); and Osner v. State, 54 Ala.App. 520, 310 So.2d 241 (1974), cert. denied, 2......
  • Marlow v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 14, 1988
    ...evidence, and, if the evidence affords an inference that larceny has been committed, it is sufficient for the jury." Woods v. State, 57 Ala.App. 1, 325 So.2d 517 (1975), cert. denied, 295 Ala.App. 430, 325 So.2d 519 (1976); Copeland v. State, 57 Ala.App. 482, 329 So.2d 171 The undisputed fa......
  • Kirkland v. State ex rel. Baxley
    • United States
    • Alabama Court of Civil Appeals
    • October 27, 1976
    ...the search is nonetheless valid. A search warrant is unnecessary where consent to the search has been freely given. Woods v. State, 57 Ala.App. 1, 325 So.2d 517, cert. denied 295 Ala. 430, 325 So.2d 519; 17 Ala.Dig. Searches and Seizures k7(27). Although no specific finding of fact regardin......
  • Mauldin v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 17, 1979
    ...another with the intent to deprive the owner thereof. By its nature, larceny is a trespass on the possession of another. Woods v. State, 57 Ala.App. 1, 325 So.2d 517, cert. denied, 295 Ala. 430, 325 So.2d 519 (1975). As stated in McCall v. State, 262 Ala. 414, 416, 79 So.2d 51, 52 (1955): "......
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