People v. Carroll

PETERS, P. J.

Carroll and Ault were charged with the grand theft of an automobile belonging to Mary Flores, with taking the vehicle without the consent of the owner, and with certain priors. They admitted the priors, but pleaded not guilty to the two charged offenses. They were found guilty of the grand theft charge and not guilty of taking the vehicle without the consent of the owner. From the judgment entered on this verdict they appeal.

The car was stolen in San Francisco between the hours of 6:30 p. m. on May 6, 1957, and 7 :30 a. m. on May 7, 1957, from a lot adjoining the home of its owner, Mary Flores. The automobile was a 1953 Oldsmobile sedan with a California license. When parked, the ignition was locked, and the registration slip was on the steering post. The car was found in the possession of the two defendants at 3 a. m. on May 8, 1957, when they were stopped by an officer in the town of San Pablo. Carroll was driving. The officer noted that there was no registration certificate visible and that there was no key in the ignition. Carroll was asked for his driver’s license but stated that he did not have one, and also told the officer that the car belonged to a cousin in Richmond. Ault corroborated Carroll. The officer issued Carroll a citation for failure to have a driver’s license, and checked the license number by radio. He discovered that the license number then on the car was registered to a 1937 Chevrolet from Port Chicago. Carroll and Ault both told the officer that they had been in Port Chicago that night. The officer then inspected the car. He discovered that the ignition had been cross-wired, and that the registration slip for the Oldsmobile in the name of Mary Flores was in the glove compartment. The back seat of the car had been torn out and a tire iron was found on the front floor boards. The trunk was dented in such a fashion that it indicated someone had tried to pry it open. The officer questioned defendants about the cross-wiring of the ignition. Then both defendants admitted that they had lied about the car belonging to Carroll’s Richmond cousin. They both stated that early on the evening of May 7,1957, they were loaned the

[8]

car by a man in a bar in San Francisco. Later in the day the two defendants were separately questioned about this story. Carroll stated that this unidentified man was a 6-foot blond in his early twenties. Ault described him as a heavily built little fellow with black hair. When confronted with these different descriptions defendants refused further to discuss the matter.