Brackhan v. State

*415OPINION

BRYNER, Chief Judge.

James Brackhan was convicted by a jury of theft in the fourth degree (theft of services). He appeals, challenging a number of jury instructions. We reverse.

Brackhan was charged with theft for failing to pay a $6 cab fare. The state’s evidence at trial indicated that, after riding in a taxicab, Brackhan left without paying. In defense, Brackhan asserted that he had fled the cab without paying because the driver had assaulted him.

At the conclusion of the trial, District Court Judge Martha Beckwith gave the jury an instruction reciting the elements of the offense of…