Capps v. State

This is an appeal by Robert Capps from a judgment in the Marion Criminal Court, Division One, convicting him of the crime of exerting unauthorized control over a vehicle in circumstances not amounting to theft. Appellant was indicted for the crime of Theft pursuant to IC 1971, 35-17-5-3, (Ind. Stat. § 10-3030 [1971 Supp.]), but was found guilty of the lesser included offense. Trial was to a jury, and upon conviction appellant was fined the sum of five hundred dollars ($500) and sentenced to the Indiana State Farm for a term of ninety (90) days.

The sole allegation of error properly preserved…