Opinion
No. 61195.
January 13, 1978.
In re: John Cairns, applying for review and for Stay Order. Parish of Morehouse.
Writ denied.
TATE, J., is of the opinion that no crime of unauthorized use of automobile is proved. The purchaser by a conditional sale agreement cannot be regarded as committing a criminal offense by his violation of the terms of the contract; that is a matter for the civil courts and for civil remedies, such as rescission or repossession to enforce the unpaid balance.
DIXON and CALOGERO, JJ., are of the opinion the writ should be granted.