This section contains the nature of the case and procedural background.

Cude (D) left his car at a garage to be repaired but was unable to pay a repair bill for $345. D went to the garage that evening and drove the car away. At trial, D claimed that he did not know that it was illegal to take his own property from the possession of a bailee. D also claimed that he took the car so that he could sell it in order to pay the repair bill. D's request for an instruction that he could not be found guilty if, at the time of the taking, he honestly believed that he had a right to the possession was denied. D was convicted and appealed.

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