People v. Elhage

Memorandum: The evidence fails to show that the defendant committed either of the crimes for which he was convicted, or any other degree of such crimes. Therefore, the judgment of conviction must be reversed and the indictment dismissed. One other matter, however, requires comment. The acts charged against defendant were that he broke into a tool shed on complainant’s son’s property and feloniously took and drove away a tractor, with certain attachments, that belonged to complainant and his son. The defense was that defendant held a chattel mortgage which covered the tractor and which was in…