State v. Ward

SMITH, Judge.

Defendant appeals his conviction by a jury of operating a motor vehicle without permission of the owner. Sec. 560.175 RSMo 1969. The court, pursuant to the second offender act, sentenced defendant to five years imprisonment. We reverse and remand.

Defendant’s first contention is that the state failed to establish that no permission had been given by the owner of the vehicle. Ray Korte left the vehicle in question, a 1973 Cadillac, in the garage at Lambert Airport on July 10, 1975. When he returned to the garage on July 11, the car had been stolen. At the time of the theft the…