People v. Pakchoian

SHEPARD, P. J.

This matter comes before the court on defendant’s appeal from a judgment of conviction of violation of section 140 of the Yehicle Code of the State of California in driving on a public highway, without proper registration, a vehicle required by state law to be registered.

The facts shown by the statement on appeal are that defendant, at the time and place alleged in the complaint, caused

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an unregistered, four-wheel Le Tourneau “scraper or carryall” to be towed on a public highway. This “scraper or carryall” is designed for automatic pickup and moving of free earth without regard to where the earth may be or whether the purpose be farm, leveling highways, building sites or airports or other industrial uses, but defendant testified without contradiction that he actually used the same only for farm leveling and scraping.

The appellant contends that this “scraper or carry-all” is not a vehicle within the meaning of sections 31 and 32 of the Vehicle Code, or section 140 of the Vehicle Code; that it is specifically exempted by section 142(c) of the Vehicle Code; that there is no requirement under section 140 for registration; that the complaint fails to state facts sufficient to constitute a criminal offense under section 140; that the court erred in permitting questions as to how the subject equipment could be used; and that the evidence is insufficient to support the judgment.

Vehicle Code, section 31, provides that a vehicle is a device in, upon, or by which any person or property is, or may be propelled, moved or drawn upon a public highway.

Vehicle Code, section 140, makes the moving of an unregistered vehicle of a type required to be registered, a misdemeanor.

Vehicle Code, section 36, describes a trailer as a vehicle designed for carrying persons or property on its own structure to be drawn by another vehicle with none of the trailer’s weight resting on the propelling vehicle.

Vehicle Code, section 141, provides that any trailer or semitrailer (among other vehicles) must be registered subject to the exemptions contained in section 142.