Legal Opinion
People v. Crosby
Michigan Court of Appeals
Decided March 20, 1978No. Docket 25761PublishedCited by 4 opinions
1Opinion of the CourtJ. H. Gillis, P. J.
On May 13, 1975, defendant was found guilty by a jury of unlawfully driving away an automobile. MCLA 750.413; MSA 28.645. Defendant was sentenced to a prison term of from 3 years, 4 months, to 5 years on August 4, 1975. He appeals as of right.
Defendant raises this issue: Whether unlawful use of an automobile is a necessarily lesser included offense of unlawfully driving away an automobile.
The elements of the crime of unlawfully driving away an automobile, MCLA 750.413; MSA 28.645, are as follows:
1) The motor vehicle must have belonged to another.
2) Possession of the motor vehicle must have…
2Cases cited4 opinions
- People v. Ora JonesMichigan Supreme Court · 1975
- People v. ChamblisMichigan Supreme Court · 1975
- People v. BlockerMichigan Court of Appeals · 1973
- People v. ShippMichigan Court of Appeals · 1976
3Cited by4 opinions
- People v. LaurMichigan Court of Appeals · 1983
- People v. HaywardMichigan Court of Appeals · 1983
- Priesman v. Meridian Mutual InsuranceMichigan Supreme Court · 1992
- Priesman v. Meridian Mutual InsuranceMichigan Supreme Court · 1992