Legal Opinion

People v. Smith

Michigan Supreme Court

Decided March 30, 1921No. Docket No. 117PublishedCited by 16 opinions

Error to Bay; Houghton (Samuel G.), J. Vernon Smith was convicted of unlawfully driving away an automobile, and sentenced to pay a fine of $50 and to be confined for 30 days in the county jail.

1Opinion of the CourtWiest, J.

Defendant stands convicted of the crime of wilfully and wantonly and without authority taking possession of and driving away from a garage in Bay City an automobile, the property of John Rapanski. It appears that defendant was the proprietor of the garage and Mr. Rapanski stood his automobile in *352the garage nights, paying for the right to do so. At the trial a motion was made to discharge the defendant on the ground that possession of the automobile was in him while in his garage, and therefore he could not be guilty of taking possession within the meaning of the statute under which he was…

2Cases cited1 opinion

  1. Beacon Motor Car Co. v. ShadmanMassachusetts Supreme Judicial Court · 1917

3Cited by16 opinions

  1. People v. HendricksMichigan Supreme Court · 1994
  2. People v. HelcherMichigan Court of Appeals · 1968
  3. People v. StanleyMichigan Supreme Court · 1957
  4. United States v. One 1941 Chrysler Brougham SedanDistrict Court, E.D. Michigan · 1947
  5. People v. CookCalifornia Court of Appeal · 1964

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