Hewitt

Defendant was found guilty by a jury of grand theft. Pronouncement of judgment was withheld and he was granted three years’ probation.

*761 Facts

In March 1973, Jason Whisenant read a newspaper advertisement for the sale of a 1971 Ford camper truck. The truck had been placed for sale by defendant, a long-time dealer in automobiles. Whisenant viewed the truck at defendant’s home and decided to purchase it. A written contract was entered into for the sale. A portion of the contract was entitled “Statement of Insurance” and listed a purchase price for an insurance policy of $397.76. The name Westgate Life and the?signature of Victor Batross were also contained under that portion of the contract. Defendant explained to Whisenant the insurance would make the payment on the truck if Whisenant died or became disabled, and that the bank preferred such insurance be taken out on the vehicle. Whisenant agreed to purchase the insurance policy based on defendant’s representation and presented $500 in cash as a down payment on the vehicle.

After the sale defendant sold the Whisenant contract to the American Security Bank. Defendant’s account was credited by the bank with a sum equal…