Royal v. State

Evans, Judge.

The defendant was convicted of theft of lost or mislaid property. He was sentenced to serve five years. Defendant appeals. Held:

The sole ground of complaint is that the state failed to prove every essential element of the crime with which defendant was charged. The property in question (bulk copper tubing) was never "lost” or "mislaid,” and counsel for the state concedes this point in his brief. However, the state argues that it did prove the copper tubing was stolen from the owner by first removing it from his property, hiding same in bushes, and the thieves later returned and…