People v. Rhinehart

PETERS, P. J.

Defendant was charged with having participated on April 4, 1955, in the theft of a Ford sedan belonging to Pearl Brent in violation of section 503 of the Vehicle Code. He waived a jury trial, and stipulated that the case could be tried upon the record of the preliminary hearing, plus his testimony given in the superior court. The trial court determined that, beyond a reasonable doubt, even if defendant was not the sole participant in the theft, he participated and knowingly assisted in the theft, and that this violated the code section. From the judgment of conviction based on this holding, and from the order denying his motion for a new trial, defendant appeals.

The code section involved is section 503 of the Vehicle Code. So far as pertinent here, the section reads: “Any person who drives or takes a vehicle not his own, without the consent of the owner thereof, and with intent to either permanently or temporarily deprive the owner thereof of his title to or possession of such vehicle, whether with or without intent to steal the same, or any person who is a party or accessory to or an accomplice in any such driving or unauthorized taking or stealing is guilty of a felony. ...”

Tested by the rules applicable to appeals in criminal cases the evidence, and the reasonable inferences therefrom, sustain the conviction.

Miss Brent owned the Ford sedan, license number 5B43966, that was stolen. At about 8 :30 p. m. on April 4, 1955, she

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parked it in front of a residence in San Mateo, and when she returned to where she had parked the car at about 10 p. m. it was gone. She had given no one, in general, permission to use the car, and, in particular, had not given defendant such permission. She did not know the defendant.

On April 5, 1955, at about 9:30 p. m., Officer Ellison of the San Francisco Police Department, saw the Ford, under suspicious circumstances, in San Francisco. It was parked on a deserted street, and on the rear seat of the car were two wheels and tires and other accessories from a Chevrolet. The officer knew that a short time before, about six blocks away, a Chevrolet had been found that had been completely stripped. The officer also noted that there was a metal coil attached to the ignition that served to short out the ignition. The Ford bore the license plate 3G948. The officer left to call a tow car and returned to the scene about 10 p. m. He testified that as he approached the Ford he saw defendant sitting in it and the starter was turning the motor over, but the engine was not running. There was no key in the ignition. The defendant was bleeding from several cuts on his head, but he did not appear intoxicated. Under questioning by the officer, the defendant stated that the car belonged to a friend named “Frank,” and that “Frank” had told him to fill the Ford with gas and drive it “up the Navy Road.” The officer took the defendant to “Frank’s” supposed address “and no one was living there by that name. We questioned neighbors and they said no one lived there by the name of ‘Frank.’ ”