Spencer v. State

ALPERT, Judge.

David Wayne Spencer, the appellant herein, was a driver for Williams’ Refrigerated Southern Cold Storage (Williams). On September 5, 1985, Williams received 75 cases of frozen lobster tails. Williams was to hold the lobsters in refrigerated compartments for one week until a truck came to transport them to Michigan. The last time anyone remembered seeing the lobsters was on September 11. On September 12 someone at Williams discovered that the lobsters were missing. Evidence at trial showed that appellant, another man named Ben Holden, and numerous other employees worked in the…