State v. Leckband

Gerald T. Leckband was charged by information with the crime of “Taking Motor Vehicle Without Permission op Owner.” The cause was tried to a jury, which found the defendant guilty as charged. From the judgment and sentence based upon the verdict, the defendant has appealed.

Appellant assigns error to the court’s instruction that the crime charged in the information constituted a felony. He contends that, since the information did not specify whether the appellant was charged under RCW 9.61.040 [cf. Rem. Rev. Stat., § 2659], the misdemeanor statute, or RCW 9.54.020 [cf. Rem. Rev. Stat., §…