State v. Bugely

Mark Kane Bugely (defendant) rented a $6,500 car for two days, then twice properly extended the rental by calling the rental firm and getting its agreement, with the final extension ending September 27, 1985. Bugely did not return the car on that date and never sought another extension; the firm's attempts to reach him failed, so it reported the car missing to police, who found it in another city two weeks later. The State of Iowa (plaintiff) charged Bugely with theft by misappropriation under a statute allowing prosecution if property isn't returned within three days of the agreed return date. At his bench trial, the judge inferred misappropriation from Bugely's failure to return the car within three days of September 27, and convicted him.