State v. Volberding

CALLISTER, Chief Justice:

Defendant appeals from his conviction in a trial before the court of petty larceny. Defendant was accused of grand larceny but was found guilty of the lesser and included offense; on appeal he seeks to have his conviction set aside.

In the early hours of October 3, 1971, defendant entered an establishment known as Ray’s Club in Ogden, Utah. He consumed two beers and played the pin ball machine. He requested that the bartender, Ray Folkman, give him a ride. Mr. Folk-man agreed that he would do so, after he had closed the bar. Mr. Folkman’s friend, Connie Jorgensen was…