Court of General Sessions for Sussex County, Delaware
186 A. 738 (1936)
Savage (defendant) took a can containing three gallons of gasoline from an unattended car and drove away in his own vehicle. After driving for about one mile, Savage stopped, and then poured the gas into his own vehicle’s tank and threw the can away. Savage did not inform the owner of his actions nor attempted to pay for the gasoline or can. Savage was indicted for larceny. At trial, Savage testified that he ran out of gas and saw the car of the prosecuting witness nearby. Thereafter, Savage testified he then poured the gas into his own vehicle’s tank and drove off, leaving the empty gasoline can nearby and instructing a companion to return the can to its owner and to inform the owner that he would pay for the taken gasoline. The companion denied Savage’s version of events.
Rule of Law
Holding and Reasoning (Layton, C.J.)
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