State v. Cusack

Citations

• 27 Del. 469
• 4 Boyce 469

Syllabus

<p>1. Trespass—Unlawful Use of Motor Vehicles—Purpose of Act.</p> <p>26 Del. Laws, c. 146, § 3, as amended by 27 Del. Laws, c. 138, § 1, which is part of an act for the protection of owners of motor vehicles, and provides that any person who shall take and operate the motor vehicle of another, without the consent of the owner or the person in charge, shall be guilty of a misdemeanor, was designed, not only to protect the owner of motor vehicles in the possession and operation of their cars, but indirectly to protect the public from consequences of the improper use of motor vehicles.</p> <p>2. Trespass—Motor Vehicles—Statute.</p> <p>The act is not restricted to the taking and operation of a motor vehicle by one who has no relation whatever to the owner, but extends to and includes a servant or bailee, who improperly takes and uses the car for his own purposes without the owner’s consent; and hence a chauffeur who operates a car without the owner’s consent comes within the act, and in a prosecution for such offense the question of guilt depends upon whether the owner gave consent.</p> <p>3. Trespass—Motor Vehicles—Offenses.</p> <p>In a prosecution under 26 Del. Laws, c. 146, § 3, as amended by 27 Del. Laws, c. 138, § 1, making the operation of motor vehicles without the owner’s consent an offense, where accused, who was employed to repair the car, rode with the owner’s chauffeur, a showing that accused believed that the chauffeur was testing the car in accordance with the owner's direction is a complete defense.</p> <p>4. Criminal Law—Trial—Reasonable Doubt.</p> <p>In a criminal prosecution, the defendants are to be given the benefit of all reasonable doubts.</p>