PARKS v. STATE

No. CA CR 87-228.

750 S.W.2d 65 (1988)

24 Ark.App. 139

Daniel D. PARKS (WM) a/k/a Danny D. Parks, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, Division I.

Rehearing Denied June 29, 1988.


Attorney(s) appearing for the Case

Stephen Bennett, No. Little Rock, for appellant.

C. Kent Joliff, Asst. Atty. Gen., Little Rock, for appellee.


JENNINGS, Judge.

Daniel Parks was convicted by a jury of theft of leased personal property in violation of Ark.Stat.Ann. § 41-2209 and was fined $7,500.00. On appeal, Parks argues that the trial court erred in refusing to instruct the jury on the affirmative defense provided for in Ark.Stat.Ann. § 41-2209(e). We find no error and affirm.

On October 18, 1985, Parks leased a 1985 Cadillac El Dorado from Brent Tyrell. The one year lease provided for...

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