State v. Williams

Defendant was convicted of taking a motor vehicle without permission of the owner under the "joyriding" statute. RCW 9A.56.070. Her appeal presents the issue of whether or not she is entitled to the benefit of an instruction based upon RCW 9A.56.020(2), which states:

In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable.

In State v. Franks, 74 Wn.2d 413, 445 P.2d 200 (1968), the court declined to decide whether the statutory defense was…