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D and Donald Shumaker went to an automobile dealership. They were aware that the dealership required customers to leave a vehicle as security while they test-drove one of the dealer's automobiles. D asked to test-drive a Jeep. Leaving as security a truck which he had fraudulently obtained elsewhere, D drove the Jeep away and failed to return it. D paid Shumaker $100 for his part in the crime. The dealer still had title to the Jeep. D was indicted and tried for false pretenses. P requested and got a jury instruction that dealt only with the possession of the Jeep and not with the Jeep's title. D was convicted and appealed.

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