Warren v. State

Waiving a jury appellant was tried and convicted of larceny of four cans of Prestone. The only question presented is whether the finding is contrary to law. The evidence leaves no doubt that for more than six months he continued to take property of his employer and convert it to his own use, but he contends that his employment was such as to make his crime embezzlement rather than larceny.

He was employed as a member of a maintenance crew under a foreman in Plant No. 2 of the Allison Division of General Motors Corporation. The plant contained tanks for reception and storage of gasoline, oil…