State v. Scott

The sole issue on this appeal concerns the sufficiency of the information under which the defendant was charged and convicted of the crime of unlawfully tak ing an automobile without the owner’s permission. In pertinent part, the information read as follows:

“That the said Jerry Paul Scott . . . did . . . wilfully take and drive away that certain 1950 Oldsmobile two-door sedan ... or that said defendant did voluntarily ride in or upon said automobile with knowledge of the fact that the same was unlawfully taken ...” (Italics ours.)

The defendant objects to the use of the word “or” in the…