State v. Gilbert

LOCKWOOD, Chief Justice.

Defendant was convicted by a jury of the crime of Theft by Embezzlement. He appeals from that conviction and from the sentence of ten to twelve years in prison.

The evidence showed that on February 4, 1967, he brought a 1957 Oldsmobile to the used car lot of Olen Walker in Phoenix, examined a 1958 blue and white Chevrolet Impala there displayed for sale, and proposed to trade the Oldsmobile in on the Impala, if the latter test-drove to his satis faction. Walker turned the'Impala over to defendant to drive around the block, and defendant never returned. Later…