State v. Piper

The opinion of the court was delivered by

Kaul, J.:

Defendant appeals from a conviction of embezzlement by a bailee as defined by K. S. A. 21-547 [now K. S. A. 1970 Supp. 21-3701].

Two questions are presented: (1) Did the trial court err in refusing to submit an instruction setting out the offense commonly known as “joyriding” defined in K. S. A. 21-544 [now K. S. A. 1970 Supp. 21-3701 and 3705], as a lesser included offense in 21-547, supra, and (2) did the trial court err in giving additional instructions after the case had been submitted to the jury?

There is no material dispute about the…