People v. Neal

THOMPSON, J.

Defendant appeals from a conviction of violation of section 503 of the California Vehicle Code. By the provisions of this section the unlawful driving or taking of a vehicle is made a felony.

The theft of the automobile for which appellant has been convicted took place on the evening of December 15, 1939. The circumstances surrounding the theft were related by Oscar Johnson, who was charged in the information with appellant. Johnson pleaded guilty to the offense charged. On the trial of appellant, had before a jury, Johnson testified that he and appellant had been driving around the town of

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Westwood on the evening of the theft. He stated that they had been drinking and that there was some discussion as to procuring a radio from a car. They noticed a car parked along the street and saw that it was equipped with a radio aerial. They stopped their car and the appellant got into the parked automobile. It was discovered that the keys were in this car and the appellant, preceded by Johnson, who was driving, his own automobile, drove the car out on a lonely road. They then proceeded to strip this automobile of its various equipment, including the radio and electric heater, the fog lights, the aerial and two horns. The car was abandoned at this spot and Johnson and appellant returned to town, where the equipment was divided between them.

At the trial the prosecution first introduced evidence to prove the taking of the automobile by Johnson and appellant without the consent of the owner. Evidence was then introduced as to the removal of the equipment from the ear and the subsequent disposal thereof by'Johnson and the appellant. Counsel made objections to the introduction of this evidence. Evidence of the removal of the equipment was offered for the purpose of proving the intent of the appellant to permanently or temporarily deprive the owner of the title to or possession of the car. The jury were instructed that this evidence was to be considered solely for such purpose.

Appellant contends that the trial court committed prejudicial error in admitting evidence tending to prove the removal of the parís from the car, which acts if committed constituted a separate and distinct offense, in that such evidence did not tend to prove the crime charged in the information but caused a prejudice in the minds of the jury. It is also contended that the element of intent must be affirmatively put in issue by the defendant before the prosecution is entitled to introduce evidence of a separate crime for the purpose of showing intent.