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Criminal Law keyed to Dripps
State v. Cude
Facts
Cude (Defendant) left his vehicle at a repair shop so that it could be repaired. The shop’s owner quoted Defendant an estimate of $180 to fix the car. There was evidence, however, that Defendant authorized the shop owner to fix the vehicle no matter the cost. Defendant left the state and returned several days later. When Defendant went to pick up the car, he was presented with a bill totaling $345. Unable to pay the bill, Defendant left. After the shop had closed for the night, Defendant entered the shop and, using a duplicate key, drove away in his car. A couple of days later, the police recovered Defendant’s car in the possession of one of his friends. Defendant claimed that he had taken the car so he could sell it in order to pay the repair bill. Defendant was charged with grand larceny. At trial, Defendant requested that the court instruct the jury that he could not be found guilty if, at the time of the taking, he honestly believed that he had a right to the possession of the car. The court refused. Defendant was found guilty and he appealed.
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