State v. Mularkey

This case was a prosecution of the defendants for a violation of sec. 343.18, Stats., the material part reading as follows:

“Any person who shall take, use and operate any automobile . . . upon any public highway of this state without the consent of the owner thereof shall, upon conviction thereof,” etc.

The facts, as recited in the report of the trial judge, show a hiring by the defendants of an automobile from the owner thereof at Montello in said county to drive to Oxford, to be returned at 7 o’clock the following morning. The car was driven to Fond du Lac, then to Oxford, then to Dalton,…