Summerlin v. State

CATES, Judge.

Summerlin appeals from his conviction of obtaining two tires and two tubes from Ralph Avant by falsely pretending that one Ernest Mills had sent him for them.

Mr. Avant was the “distributor” for the Sherrill Oil Company for the area around Opp, Alabama.

On the 26th of February, 1959, Summerlin, or somebody for him, called Mr. Avant at his home about six o’clock in the evening. Summerlin said they wanted to get two tires for Mr. Ernest Mills.

Avant went to his “bulk plant” where he kept his tires. There Summerlin handed him a note, which Summerlin pretended came from Mills, reading,…