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STATE v. PIPER

No. 45,495

206 Kan. 190 (1970)

477 P.2d 940

STATE OF KANSAS, Appellee, v. KENNETH LEROY PIPER, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

Gerald W. Scott, of Wichita, argued the cause and was on the brief for the appellant.

Reese C. Jones, Deputy County Attorney, argued the cause, and Kent Frizzell, Attorney General, and Keith Sanborn, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendant appeals from a conviction of embezzlement by a bailee as defined by K.S.A. 21-547 [now K.S.A. 1970 Supp. 21-3701].

Two questions are presented: (1) Did the trial court err in refusing to submit an instruction setting out the offense commonly known as "joyriding" defined in K.S.A. 21-544 [now K.S.A. 1970 Supp. 21-3701 and 3705], as a lesser included offense in 21-547,

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