TEIGEN, Chief Justice.
The defendant was convicted by a jury of the crime of larceny of an automobile, under Section 12-40-06, North Dakota Century Code. He has appealed, challenging the constitutionality of the statute under which he was convicted, specifying as error an instruction given the jury by the court, and the insufficiency of the evidence to sustain the verdict.
Section 12-40-06, supra, provides:
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