Hufstetler v. State

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

Facts

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.