HUFSTETLER V. STATE
37 Ala. App 71, 63 So. 2d 730 (1953)
NATURE OF THE CASE: Hufstetler (D) appealed his conviction for petit larceny.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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