MAUGHAN, Justice:
Before us is a defendant who was convicted of a violation of our "joy riding" statute, 41-1-109, U.C.A. 1953, a misdemeanor. He was charged with theft of a motor vehicle, a felony of the second-degree. All statutory references are to U.C.A. 1953.
On appeal defendant contends he is entitled to be discharged. This claim is grounded on the assertion the crime proscribed in 41-1-109 is not a lesser included offense of the crime of theft proscribed...
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