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264 A.2d 297

In Re Davis

District of Columbia Court of Appeals · decided 1970-04-20

Cited by 4 later decisions — most recently March 1975

4 state decisions

Relies on Kemp v. United States · Jones v. United States · Stevens v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1970-04-20

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PER CURIAM:

¶1 After trial in the Juvenile Court without a jury, appellant was found to have violated our statute forbidding the unauthorized use of a motor vehicle. D.C.Code 1967, § 22-2204. This appeal raises several questions, but only one requires our consideration.

¶2 In finding appellant to be “involved”, the court stated that it found that *298 appellant “was a passenger in what has been established to have been a stolen car.” This finding was insufficient to establish a violation of the statute. One does not violate the statute by merely being a passenger in a stolen car. There must be proof that the accused had “guilty knowledge of the unauthorized use.” Jones v. United States, 131 U.S.App.D.C. 212, 216, 404 F.2d 212, 216 (1968). See also Stevens v. United States, 115 U.S.App.D.C. 332, 319 F.2d 733 (1963); Kemp v. United States, 114 U.S.App.D.C.. 88, 311 F.2d 774 (1962). As there was no finding here of such guilty knowledge, the conviction cannot stand.

¶3 Reversed.

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