Bailey v. State

. Mr. Justice Cook

delivered the opinion of the Court.

Plaintiffs in error have appealed from a verdict and judgment of guilty for unlawfully using the automobile of Geo. C. Mattox. Mattox left his,car at Indian Grave Gap on top of Unaka Mountain, and while he and his family were away plaintiffs in error pushed it across *600tlie road, whether intending’ to nse it does not appear, lost control, and it ran three hundred feet into a gnlch.

They were arraigned upon an indictment of two counts: First, for an offense under chapter 28, Acts of 1911; and, second, an offense under chapter 17, Acts of 1921.…