Legal Opinion

Edwards v. State

Wisconsin Supreme Court

Decided March 3, 1970No. State 115, 116PublishedCited by 11 opinions

1Opinion of the CourtEobert W. Hansen, J.

Ordinarily, the person charged with operating a motor vehicle without the owner’s consent, 1 is the person who took the vehicle from the owner, 2 or whose use, while originally with the owner’s consent, was subsequently illegal. 3 However, the statutory language “intentionally takes and drives any vehicle without the consent of the owner” does not require that the driver of the stolen vehicle be the person who actually took the vehicle from the rightful owner. 4 Here the defendant was charged with intentionally 5 taking and driving an automobile but not charged with the initial taking from…

2Cases cited3 opinions

  1. Banas v. StateWisconsin Supreme Court · 1967
  2. Bass v. StateWisconsin Supreme Court · 1965
  3. State v. RobbinsWisconsin Supreme Court · 1969

3Cited by11 opinions

  1. Stewart v. StateWisconsin Supreme Court · 1978
  2. Spinella v. StateWisconsin Supreme Court · 1978
  3. State v. NichelsonCourt of Appeals of Wisconsin · 1998
  4. Estate of Sensenbrenner v. SensenbrennerWisconsin Supreme Court · 1979
  5. State v. KreuserWisconsin Supreme Court · 1979

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