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EDWARDS v. STATE

Nos. State 115, 116.

46 Wis.2d 249 (1970)

174 N.W.2d 269

EDWARDS, Plaintiff in error, v. STATE, Defendant in error. [Two appeals.]

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Irving D. Gaines, attorney, and Gaines & Saichek and David A. Saichek of counsel, all of Milwaukee, and oral argument by David A. Saichek.

For the defendant in error the cause was argued by Theodore J. Hodan, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

ROBERT W. HANSEN, J.

Ordinarily, the person charged with operating a motor vehicle without the owner's consent,1 is the person who took the vehicle from the owner,2 or whose use, while originally with the owner's consent, was subsequently illegal.3 However, the statutory language "intentionally takes and drives any vehicle without the consent of the owner" does not require that...

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