People v. Santmyer

Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: Defendant, David Santmyer, was an employee of one Nash. In the early hours of a morning David was riding in his employer’s truck while it was being operated by his brother, the defendant Herman, when it was stopped by a police officer. Neither had a license to operate a vehicle but each informed the officer to the contrary. Each was given a ticket for driving without a license. David further told the officer he had permission from his employer to use the vehicle. Subsequently, upon a guilty plea to…