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STATE v. DeWALL

No. 14038.

343 N.W.2d 790 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Patricia DeWALL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 15, 1984.

Attorney(s) appearing for the Case

Mikal Hanson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Thomas F. Burns of Gribbin, Burns & Eide, Watertown, for defendant and appellant.

PER CURIAM.

Appellant was convicted for embezzling property she received in trust when she failed to return a car she took for a test drive. SDCL 22-30A-10. The trial court refused her proposed instruction on intent to deprive. We affirm.

At 4:00 p.m. one afternoon appellant and her cousin looked over some used cars on Russ DeVine's car lot in Watertown, South Dakota. Appellant and her cousin asked Mr. DeVine if they could test drive a 1980 Citation. DeVine...

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