195 Wis. 549 | Wis. | 1928
This case was a prosecution of the defendants for a violation of sec.
"Any person who shall take, use and operate any automobile . . . upon any public highway of this state without the consent of the owner thereof shall, upon conviction thereof," etc.
The facts, as recited in the report of the trial judge, show a hiring by the defendants of an automobile from the owner thereof at Montello in said county to drive to Oxford, to be returned at 7 o'clock the following morning. The car was driven to Fond du Lac, then to Oxford, then to Dalton, and there abandoned without notice to the owner; the extra driving being without the consent, permission, or knowledge of the owner. The trial court then reported to this court the following question:
"If a person accused of violation of sec.
As pointed out in Eastway v. State,
A like statute was considered in State v. Boggs,
In People v. Alaboda,
We are in accord, in the main, with such a construction of a statute of this kind, and hold, therefore, that the mere unauthorized or extended use of such a vehicle by one who has lawfully obtained the consent of the owner to its taking for use and operation upon the public highway is not a violation of this statute; and that the substance of the offense aimed at by its provisions is the obtaining of the possession in the first instance without the consent of the owner. The question presented must be answered "No."
By the Court. — The cause is remanded for further proceedings according to law.
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