State v. Eyle

Defendant was indicted for the violation of ORS 164.670. Trial was had without a jury before the Circuit Court of Umatilla County. Prom a judgment finding him guilty as charged, defendant appeals. The facts are not in dispute.

Defendant’s argument upon appeal is that the prosecution failed to prove a necessary element of the crime of using a motor vehicle without authority; that the defendant took the automobile “without intent to steal it.” ORS 164.670 provides:

“Every person who takes or uses without authority any vehicle without intent to steal it, or is a party to such unauthorized taking…