Eastway v. State

Plaintiff in error (hereinafter called the defendant) was convicted of taking, using, and operating an automobile upon a public highway of this state, without the consent of the owner, under sec. 343.18, Stats., and brings the judgment here for review'upon a writ of error. His sole assignment of error is that his plea in bar was improperly overruled. The plea in bar alleged a former prosecution for the crime of larceny of the identical car, which prosecution was based upon the same act or transaction that is the subject of this prosecution. His claim is that by virtue of the former…