Bennett v. State

Stolz, Judge.

The appellant appeals from his conviction of theft by taking.

The appellant owned a White Freightliner — the tractor portion of a tractor-trailer truck. There was an undertaking by the appellant to sell that vehicle to Mr. McClure, but McClure did not make the proper payments and the sale was never consummated. The truck was, *796however, entrusted to McClure’s custody pending the closing of the deal. On September 24,1974, the appellant’s tractor was connected to a trailer owned by Mr. Buice, whose family had very close business connections with McClure.

As McClure failed to pay the…