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State v. Cude

Utah Supreme Court
383 P.2d 399 (1963)


Facts

Cude (defendant) left his vehicle at a repair shop so that it could be repaired. The shop’s owner quoted Cude an estimate of $180 to fix the car. There was evidence, however, that Cude authorized the shop owner to fix the vehicle no matter the cost. Cude left the state and returned several days later. When Cude went to pick up the car, he was presented with a bill totaling $345. Unable to pay the bill, Cude left. After the shop had closed for the night, Cude entered the shop and, using a duplicate key, drove away in his car. A couple of days later, the police recovered Cude’s car in the possession of one of his friends. Cude claimed that he had taken the car so he could sell it in order to pay the repair bill. Cude was charged with grand larceny. At trial, Cude 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. Cude was found guilty and he appealed.

Rule of Law

Issue

Holding and Reasoning (Callister, J.)

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