Bennett v. State

SHEPARD, Chief Justice.

The contention in this appeal is that to obtain a conviction for theft, the State must prove the defendant intended to deprive the owner of its use — permanently. The Court of Appeals correctly rejected this contention.

The State charged appellant Elmer Bennett with theft and auto theft, both class D felonies. The trial court found Bennett guilty and sentenced him to two years in the Department of Correction for each count, served concurrently.

Bennett appealed, challenging the sufficiency of the evidence and arguing that Indiana’s theft statute requires proof that the…