State v. . Stinnett

The agent of an automobile finance corporation, the owner and holder of a conditional sales contract covering a truck, observes the purchaser of the truck, who is in default, leave the truck in a public street in front of his residence and go into his home. Thereupon the agent steps into the truck and drives it away to a garage and proposes to hold the same for the finance company until the balance in default is paid. The foregoing fact-status produces this question of law: Does such act of the agent constitute larceny or criminal trespass as defined and contemplated by law?

The trial judge…