State v. Lamm

HALL, Justice:

Defendant appeals from a conviction of Theft by Receiving,1 by challenging the sufficiency of the evidence.

The state presented testimony to establish the following facts. On Monday morning, September 20, 1976, it was discovered that a large welder was missing from the premises of an Alder Construction Company site. The value of the welder was in excess of $1,000.

Later that day, around noon, two employees of the construction company, Herodes and Hansen, drove a company car to a nearby Dee’s Restaurant for lunch. They testified that as they were leaving the parking lot, they saw a…