State v. Wickliffe

Lewis, J.:

The defendant, Marion L. Wickliffe, was convicted by a jury of the crime of theft of an automobile. He appeals that conviction, arguing that the trial court erred in failing to instruct the jury on the lesser included crime of deprivation of property. We agree and reverse and remand.

The defendant first came to the attention of the police by driving the purloined vehicle north on State Line Road in Lea- wood at 2:30 a.m. with its headlights off. After observing this event, the officers gave chase and finally cornered the defendant on the second level of a parking garage. The…