People v. Dixon

THOMPSON, J. The defendant was convicted of the crime of unlawfully and feloniously taking and driving away the automobile of Rose Mantua without her consent, contrary to the provisions of section 503 of the Vehicle Code of California. He also pleaded guilty to the conviction of the prior felony of passing a fictitious check. He was sentenced to imprisonment in San Quentin state prison for a term of from one to five years. On appeal it is contended the evidence fails to support the verdict and judgment for the reason that it does not appear that the defendant took from the owner thereof the machine or drove it away.

The evidence amply supports the verdict and the judgment of conviction of the crime of unlawfully and feloniously taking and driving away the automobile of Rose Mantua without her consent contrary to the provisions of section 503 of the Vehicle Code of California. The defendant failed to take the witness stand in his own behalf. It appears without conflict that he lived with his mother at Sebastopol. Clarence Johnson testified that Dixon told him a few days prior to the commission of the offense that he was going to Oregon; that he was “supposed to leave Monday morning”, following the Sunday on which the machine was taken. Saturday night, January 25th, Johnson took Dixon and three sisters by the name of Camotta in his automobile to a dance at Frati’s place at Bay near Bodega in Sonoma County. Dixon was blind in one eye and he wore a pair of dark glasses and carried an overcoat. He was able to drive an automobile. It was arranged that Dixon was to ride back to Sebastopol with Johnson after the dance. Dixon was a stranger to most of the people at the dance. When he arrived he left his overcoat in charge of Del Santo, who was a cook and an attendant at the dance hall. Dixon remained at the dance until about 11:30 P. M., dancing and taking an occasional drink. He did not appear to be intoxicated.

Rose Mantua owned the Chevrolet car which is involved in this action. She drove it from her home to the dance at Bodega where she arrived about 10 o’clock that night, and left the machine parked in the street near the hall while she remained at the dance until about midnight. She did not [58]know Dixon and did not consent to the taking or driving of her machine by him or by anyone else. About 11 o’clock Kate Camotta left the dance hall and went in company with the defendant down to the beach near by. She testified that they quarreled at the beach and that he left her and “ran up toward the highway” in the direction where the Mantua car was parked. She said “he didn’t go in the dance hall” again. She returned to the hall, but he was not there. That was about 11:30 o ’clock. Dixon was not seen at the dance hall after that. He did not return for his overcoat, nor did he notify Johnson he would not drive back with him to Sebastopol.