Plaintiff in error, hereafter referred to as defendant or Hucal, was convicted by a jury of theft, 1967 Perm. Supp., C.R.S. 1963, 40-5-2. He claims error in the trial courts refusal to direct a judgment of acquittal. For the purpose of this appeal, Hucal concedes that the prosecutions evidence should be assumed to be true.
