State v. Bailey

Ronald Lee Bailey was convicted of taking and riding in a motor vehicle without permission of the owner. He was arrested in a motor vehicle which proved to be stolen and contended in his defense that the car belonged to someone he had met earlier in the evening and that he was driving it to a gas station as a favor to the owner. Bailey denied knowledge of who owned the car or that it was stolen.

The trial court submitted the following instruction to the jury:

Instruction No. 2

To convict the defendant . . . the state must prove beyond a reasonable doubt:(1) That on or about November 20,1961, the…