Hollenquest v. State

FAULKNER, Justice.

Luther Hollenquest appeals from a judgment of conviction for grand larceny (Title 14, § 331, Code of Alabama 1940, Recompiled 1958), and a sentence of three years in the penitentiary. The cause was transferred to our court on February 28, 1973 from the Court of Criminal Appeals, by authority of Title 13, § lll'(lla) of our Code.

Defendant was employed by Radio Hospital, a Montgomery business which sold, among other things, air conditioners. The testimony tended to show that he engaged in a bit of “free enterprise” — selling his employer’s merchandise on the side, and…