Slater v. Commonwealth

George Slater was convicted of the larceny of an automobile and sentenced to three years in the penitentiary. His position in the lower court was, and here is, that he was guilty of the lesser offense of unauthorized use of an automobile (Michie’s Code, section 2154(94) and section 4480.)

The facts are not in dispute. On June 6, 1941, at ten o’clock at night, the accused and one Clarence Hopkins attempted or started to take an automobile which was parked on Fourth avenue in Wytheville, but some one appeared on the front porch of the residence in front of which the car was parked and frightened…