Commonwealth v. Howzell

GAWTHROP, P. J.,

The Vehicle Code of April 29,1959, P. L. 58, sec. 624(5), 75 PS §624(5), makes it unlawful “To make use of or operate any motor vehicle . . . without the knowledge or consent of the owner or custodian thereof.” Defendant contends that in order to convict a passenger of making use of a vehicle, the Commonwealth must prove either (1) that he knew the vehicle was being operated by another without knowledge or consent of the owner, or (2) that the passenger was actually engaged in the operation of the car. There is no evidence of the latter. We *502think, however, we are faced not…