Overman v. State

Atkinson, Presiding Justice.

Prank Overman operated a roadside lunch-stand where beer, coca-cola, and other soft drinks were dispensed. Jack Howard purchased a bottle of beer which was wrapped into a package and delivered to him by a waitress in Overman’s presence. On being informed of the price (12 cents for the beer and 3 cents for the bottle) Howard raised objection and returned the package. On further consideration he decided to pay the price and take the beer. He so informed Overman, and placed ‘50 cents on the counter as he picked up the package. He stood waiting for his change, and…