Thursday, April 08, 2004

Lots more on the State v. Morris case on Tusk and Talon today. Jeff's right that this quote by the Court in its effort to show that the evidence was insufficient to infer an intent to permanently deprive should be highlighted:



Abandoning the vehicle and fleeing upon observing the presence of police was an act that would ordinarily assure that the truck would be returned to its owner.



So the guy is a good samaritan? It's not as if he approached the police to turn over the truck. I'm not sure why they didn't tack this on:



321.279 Eluding or attempting to elude pursuing law enforcement vehicle.

1. The driver of a motor vehicle commits a serious misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked official law enforcement vehicle driven by a uniformed peace officer after being given a visual and audible signal to stop. The signal given by the peace officer shall be by flashing red light, or by flashing red and blue lights, and siren. For purposes of this section, "peace officer" means those officers designated under section 801.4, subsection 11, paragraphs "a", "b", "c", "g", and "h".



(emphasis mine)



For my first analysis on this, go here.





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