People v. Magusin

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CONREY, P. J.

The crime described in section 146 of the California Vehicle Act (Stats. 1923, p. 564), and of which defendant was found guilty, is committed when any person drives a vehicle not his own, without the consent of the owner thereof and in the absence of the owner, and with intent to deprive the owner of his title or possession, whether with or without intent to steal the same. Any person who assists in, or is a party or accessory to or an accomplice in, any such stealing or unauthorized taking or driving, shall also be deemed-guilty of a felony.

It is contended by appellant that the evidence is not sufficient to prove that the crime was committed at all, and is not sufficient to prove that the appellant was guilty thereof. It was established by the testimony of the owner that, on the thirtieth day of June, 1931, in the afternoon, he parked his car on Lucas Street in the city of Los Angeles; that it was taken away from that place in his absence and without his consent; that on the next day it was found at another place in the city. The witness Robinson, engaged in the tire business on Pico Street, testified that at an hour which was shortly after the time when the owner had left his Graham Paige car on Lucas Street, a car of the same description was driven into his shop by the defendant’s brother, immediately preceded by a Ford car driven by the defendant. The defendant and his brother both took part in the transaction which followed, whereby the new or nearly new tires on the Graham Paige car were- taken off and four very old tires put on in their place. Four of the Graham Paige tires were taken away in the Ford, and the spare tire -from the Graham Paige was left in the shop. By reason of the failure of Robinson to remember either the license number of the Graham Paige or the numbers of any of the tires, the identification of the car and tires was dependent upon other items of description, which were more difficult of proof. ' The spare tire, however, was identified as one of those belonging with the Graham Paige car.' According to the testimony of Robinson, and of certain police officers, it was established that Robinson delivered this tire to certain police officers, and the evidence' of its identity was preserved until it was brought into court at the trial. (Rep. Trans., pp. 22, 23, 72, 73 and 81.) A

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