State v. Johnson

LEVINE, Justice.

Defendant Wayde Allen Johnson appeals from a judgment of conviction of theft of property under NDCC § 12.1-23-02(1). We reverse.

On February 12, 1987, at 1:30 a.m., Kim Barsness drove his 1983 Chevrolet pickup to a party at trailer No. 85 in the Meadow-park Trailer Court in Fargo, North Dakota. His ignition key was broken and remained at all times in the ignition. An hour or two later, Barsness left the party only to find his truck missing. He reported the theft to the police.

Defendant Johnson was also at a party, at trailer No. 51, located three-quarters of a block away from…