State v. Lloyd

WILKINS, Justice:

The principal issue raised in this appeal is whether or not the unlawful taking of a vehicle, Utah Code Annotated, Section 41-1-109 (1953), is a lesser and included offense of theft of an operable motor vehicle, Utah Code Annotated, Section 76-6-404 (Supp.1975), All subsequent statutory references are to Utah Code Annotated (Supp. 1975) unless otherwise indicated.

The owner of the automobile in question in this case parked it in front of his home in Salt Lake City, Utah, on September 28, 1975. At about 3:00 a. m. of the following morning, the defendant was discovered in the…