Shook v. State

BUSSEY, Presiding Judge.

David Lee Shook, hereinafter referred to as “defendant,” was charged, tried and convicted at a non-jury trial in the District Court of Garfield County of Larceny of an automobile, his punishment fixed at nine (9) years imprisonment and from said judgment and sentence, an out of time appeal has been granted by this Court.

Briefly stated the evidence at the trial adduced that on June 6, 1969, Mike Shook, the defendant’s brother, owned a 1958 Oldsmobile. He testified that he, the defendant and others drove around that evening drinking beer. He left the defendant at…