SCHWAB, Chief Judge.
Defendant was arrested when an officer saw him and another person standing next to an automobile with a siphon hose in the fuel tank. The other person fled. Subsequently, one Etcher was arrested as the other person and charged with second-degree theft for siphoning gasoline. At Etcher's trial, defendant testified that he did not remember or did not know who else was present at the time the gas was being siphoned. Based on that testimony at Etcher...
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