Hufstetler v. State

CARR, Presiding Judge.

The accused was convicted by the court without a jury on a charge of petit larceny. The property involved was 6% gallons of gasoline.

The defendant did not testify nor offer any evidence.

The undisputed facts are narrated by a witness as follows:

“My name is Porter Whorton. I live at Forney in Cherokee County, Alabama. I know the defendant, Thomas R. Hufstetler. I own and operate a store and service station at Forney, Alabama. On March 29, 1952, the defendant drove an automobile up to my gasoline tanks. There were some two or three other men in the car with him, and a man…