MAUGHAN, Justice:
Defendant appeals from his conviction by a jury of the crime of theft of an operable motor vehicle, a felony of the second degree. He was sentenced to serve a term provided by law for conviction of a felony of the third degree. The judgment is reversed, and the cause remanded for a new trial. All statutory references are to Utah Code Annotated, 1953, as amended.
At approximately two-thirty in the morning in June in Lehi, Utah, a police officer...
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