Foskey v. State

While I agree that there must be a reversal on the basis of Division 3 of the opinion, since there was a failure to charge on the defendant’s only defense, I do not think the general grounds to be meritorious.

The majority concedes that "the goods were already taken at the time the employer changed drivers,” and I agree. The theft of the goods was complete when they were removed from the warehouse and put on the truck to be delivered to Foskey’s Town & Country Store, and it is immaterial that the truck belonged to Bacon Grocery. Another employee discovered the theft and reported it to his…