Owens v. State

STATEMENT OF THE CASE

LOWDERMILK, J.

Defendant-appellant Gerald Dean Owens appeals from his conviction for theft. 1

FACTS

On August 5, 1976 Owens was sitting in the Ex-cel service station in Hendricks County reading his newspaper, while the service station manager counted his receipts. When the manager finished counting the receipts he placed them in a paper bag and put the bag into a drawer. The manager then went out to wait on customers and to repair a door, leaving Owens alone in the front room of the station. While Owens was reading his paper another service station employee came in and out…