326 So. 2d 299 | Ala. Crim. App. | 1976
The two-count indictment charged the appellant with false pretense and grand larceny of certain machinery parts or supplies purportedly shipped to the Highway Department of the State of Alabama from Machinery and Supply, Inc., a corporation, of Montgomery, Alabama, acting through the appellant, and with the larceny of said items of the value of $488.45. At trial, the jury returned a general verdict of "guilty," as charged, and the trial court set sentence at ten years imprisonment in the penitentiary. The appellant's motion for new trial was denied.
The tendency of the State's evidence was to the effect that the appellant had sent invoices for four "U" joints and two repair kits of a total value of $498.42, less a 2% discount, being of the value of $488.45, to the State of Alabama. Requisitions were then issued from the Highway Department to the Finance Department for warrant covering payment, which warrant was approved in this instance on February 5, 1973. *109
An employee of the Union Bank and Trust Company, Edmund Dowe, testified that a warrant of the State of Alabama for $1,055.11 was deposited to the account of Machinery and Supply Company, Inc., on February 7, 1973, and that on this same date a money order was issued by the Union Bank and Trust Company in the amount of $1000.00, payable to Ruby Lee Latham.
Inasmuch as the testimony in this cause, except for the names of the designated machinery parts, requisitioned by the State of Alabama Highway Department, and the dates of the transactions involved, is essentially the same as that appearing in this Court's detailed opinion in Latham v. State,
For the errors shown, the judgment below is reversed and the cause is remanded for new trial.
Reversed and remanded.
All the Judges concur.