People v. Fawver

The conviction of petty theft here can be sustained, if at all, only on the evidence tending to prove these facts: that the defendant stated to Tinkle, the complaining witness, who was a plumber, that defendant had built the molds for and had manufactured certain plumbers’ fittings which defendant offered to sell to Tinkle, that Tinkle on a Saturday gave defendant an order for some of them, which defendant said he could and would deliver on the following Monday, that defendant asked Tinkle on Saturday to give him $25 ‘in advance, as payment on these fittings”, which Tinkle then did; that no…