State v. DeWall

Appellant was convicted for embezzling property she received in trust when she failed to return a ear she took for a test drive. SDCL 22-30A-10. The trial court refused her proposed instruction on intent to deprive. We affirm.

At 4:00 p.m. one afternoon appellant and her cousin looked over some used cars on Russ DeVine’s car lot in Watertown, South Dakota. Appellant and her cousin asked Mr. DeVine if they could test drive a 1980 Citation. DeVine gave appellant permission to take the car to a local motel where appellant’s mother worked. Appellant and her cousin drove by the motel and stopped at…