Shelby v. State

Franklin Allen Shelby appeals from a judgment of the Vanderburgh Circuit Court convicting him of vehicle taking. The question presented is whether the evidence is sufficient to show that the appellant took possession and assumed control of the 1940 Tudor Ford automobile which belonged to Harry E. Devasier, as alleged in the affidavit.

The evidence shows that Devasier was the owner of a 1940 Tudor Ford automobile on August 5, 1950. About eight o’clock that evening he parked it in front of a tavern on S.W. Second Street in Evansville. The car was stolen within ten minutes. Devasier recovered it…