State v. Cude

Cude (defendant) left his car at a repair shop, where there was conflicting evidence about whether he had authorized repairs of any cost or only up to a $180 estimate. When he returned, he was presented with a $345 bill he could not pay, so after the shop closed he let himself in with a duplicate key and drove his own car away; it was later found in a friend's possession, and Cude explained he had taken it to sell and pay off the repair bill. At trial for grand larceny, Cude asked for an instruction that he could not be convicted if he honestly believed he had a right to take the car, but the court refused, and he was convicted.