Sunday, November 17, 2013

State v. Cude case brief

State v. Cude case brief summary
383 P.2d 399 (1963)

Defendant appealed from a judgment of a trial court (Utah), which convicted him of grand larceny. The charges related to defendant taking his automobile from a garage that was holding it because defendant had not paid for repairs.

Defendant left his automobile at a garage for repairs. He was unable to pay the charge on his return. The garageman refused to give defendant possession of the automobile. After the garage had closed for the night, defendant returned and, using a duplicate key, drove the automobile away. Defendant claimed to have taken the automobile for the purpose of selling it to obtain cash to pay off the garage bill.


  • Reversing, the court determined that defendant was entitled to a new trial. 
  • It was error for the trial court to refuse to give defendant's requested instruction presenting his theory of the case. 
  • One of the elements of larceny was intent. 
  • If defendant thought he had a right to the property, he was entitled to a charge distinguishing larceny from trespass. 
  • It was a question for the jury whether defendant presented sufficient evidence to sustain his theory of defense, that he thought he had a right to take the car.

The court reversed the judgment and remanded for a new trial.

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