State v. Cornish

The defendant was tried by the court for the crime of theft of an automobile and was found not guilty. The court then found the defendant guilty of “depriving an owner of a vehicle, an included offense.”

The crime of which the defendant was found guilty is not an included offense with the crime of theft. Theft requires an as-portation, and that element is made out by a movement of the vehicle, whether by pushing or by pulling with external forces. The crime of depriving an owner has one other element that is not required in theft, to wit: the defendant must “drive” the automobile.

There cannot…