Lunce v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

Reversing.

Mart Lunce appeals from a judgment of conviction of the crime of grand larceny by having unlawfully taken, driven or operated an automobile without the knowledge and consent of the owner. Section 2739g-58,, Statutes.

W. H. Collett, the owner, left a “pick-up” truck near the “Park Club” where there were a number of people and other cars while he went into a nearby pasture to milk his cows about half past seven one evening in September, 1941. As he was returning he saw the appellant and Ed Leisure riding away in his truck in the direction of…