Public Defense

Reasonable View of Evidence That Defendant Took Title Under Claim of Right

"Defendant testified at trial that the owner of the auto shop had informed defendant that those tires had been "laying around [and] were not wanted."Defendant's testimony was supported by the testimony of a customer of the auto shop, who heard the owner tell defendant that items left at the shop for a period exceeding 30 days became the property of the auto shop, as well as by the testimony of State Police investigators to whom defendant related that he had been told by the owner of the auto shop that the tires were not wanted."

Full post as published by Indignant Indigent on February 17, 2009 (boomark / email).