Hufstetler v. State

37 Ala. App 71, 63 So. 2d 730 (1953)


Hufstetler (D) drove an automobile up to Peter Whorton's service station. Peter presented the only evidence at trial. D said nothing. 'There were two or three other men in the car with him and a man in the back seat got out and asked if we had a telephone. That man then said he wanted some gas and got back into the car. I asked him how much he wanted and he said 'fill it up.' That man then asked for a quart of oil and as I went to get it and they drove off without paying.' D was convicted and appealed. D contends that Whorton voluntarily parted with the possession and ownership of the gasoline.