State v. Chesnut

MAUGHAN, Justice:

Defendant appeals from his conviction by a jury of the crime of theft of an operable motor vehicle, a felony of the second degree. He was sentenced to serve a term provided by law for conviction of a felony of the third degree. The judgment is reversed, and the cause remanded for a new trial. All statutory references are to Utah Code Annotated, 1953, as amended.

At approximately two-thirty in the morning in June in Lehi, Utah, a police officer observed defendant pushing a motorcycle, more specifically identified as a “dirt bike,” down the street of a residential neighborhood…