State v. Atlas

On September 28, 1925, the county attorney of Lewis and Clark county filed in the district court of said county an information charging that—

“On or about the 23d day of August, 1924, # * * Phil Atlas did willfully, unlawfully, and feloniously take, use, and operate on a public highway a certain automobile * * * of the value of more than $5,000 * * * without the consent of the * * * owner, Louis Heitman,” etc.

The ease was set for trial for October 22, 1925, at which time defendant appeared with his counsel, and, before his plea was entered or any proceedings were had in the case, demurred to…