State v. Troutner

Defendant appeals from a verdict and judgment convicting him oí the crime of grand larceny. The information drawn in substantial conformity with SDC 13.3801 charged that on or about February 13, 1962, defendant did by fraud and stealth take, steal and carry away a 1957 Oldsmobile, the property of Western Chevrolet Company of Mitchell and not the property of the defendant, with intent to deprive Western Chevrolet thereof.

The question of prime importance on this appeal is whether or not the facts are sufficient to sustain the conviction of larceny.

The facts are undisputed. Defendant did not…