Dempsey v. State

BELCHER, Commissioner.

The conviction is for felony theft; the punishment, two years.

T. S. Prescott testified that he was the owner and- operator of a service station and that in response to a telephone call while at home for his evening meal, he immediately returned to the station and found missing therefrom three small cans of Bardahl oil and -$94 in one-dollar bills from two cigar boxes which were under the counter. He testified that Edward Melcer had been in charge of the station while he was gone.

On December 11, about 7:30 P.M., with Duffey driving, the appellant, Joy Graves, and Edgar…