State v. Murphy

Murphy, Justice.

This case is before us on appeal from a judgment of conviction of the offense of unauthorized use of an automobile in violation of Minn. St. 609.55. It is asserted that defendant’s prior conviction of drunkenness in violation of § 340.96 precludes prosecution under the former statute since both violations allegedly grew out of the same conduct and the prosecution of one is a bar to the prosecution of the other within the provisions of § 609.035.

We gather from the transcript of the testimony that while in an inebriated condition defendant entered and attempted to drive away an…