State v. Lloyd

In order for one crime to be included in another crime, there must not be any elements in the lesser that were not also in the greater.1 The law is stated in 7 Am.Jur.2d., Automobiles and Highway Traffic, Section 343 as follows:. . . Furthermore, since the offense of taking and using á motor vehicle without the consent of its owner is distinct in its elements from the offense of larceny, an acquittal of one of these offenses is not a bar to a prosecution for the other.

The reason for this is that there is an element in depriving an owner which is not required for the crime of larceny. The…