Nature of the Case
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Facts
After agreeing to purchase an ''88 Dodge Dakota pick-up' from D, a long-time friend ('been knowing him all my life'), Mr. Jones took possession of the truck and began making monthly installment payments. Before the full purchase price of two thousand dollars had been paid, D lent Jones another sum of money. Eventually, because that sum had not been repaid, D repossessed the truck. Jones initially acknowledged that he too thought D had a right to take the truck. D took the truck, asserting in effect a security interest in the truck and a right to repossess it, even though the originally agreed-upon installment payments had by then been made. Jones did not report the truck as stolen for seventeen days because he thought that D had repossessed the truck because of the outstanding debt. D was tried and convicted of petty theft, grand theft and trespass. D appealed.
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