People v. Herman

WILSON, J. Appellant was charged with violation of section 503 of the Vehicle Code, taking an automobile without the owner’s consent, upon which he was found guilty by the jury. His motion for a new trial was denied, and he appealed from the judgment of conviction and from the order denying said motion.

1. Sufficiency of the evidence to sustain judgment of conviction. Viewing the evidence most favorable to the judgment, the material facts shown thereby are as follows: Appellant purchased a Cadillac automobile from one Brightman, at which time the car bore a Hawaiian ownership or registration certificate and Hawaiian license plates. Brightman signed the registration certificate as registered owner and as legal owner and delivered the same to appellant. Appellant paid part of the purchase price in cash and he and Brightman went to a bank where he obtained a loan in an amount sufficient to pay the full sum. Appellant gave the bank his personal note and a chattel mortgage on the car to secure the loan, delivering to the bank the registration certificate with Brightman’s signatures thereon.

Appellant advertised the automobile for sale and in response to the advertisement Wade E. Miller called at appellant’s place of business. Miller purchased the car, giving two personal checks amounting to $4,000, and the car was delivered to him. Two days later Miller and appellant went to the bank which held the chattel mortgage, where Miller handed appellant two cashier’s checks in exchange for his personal checks previously given. Appellant paid his indebtedness to the bank and received his chattel mortgage and the Hawaiian registration certificate. Miller requested appellant to sign a bill of sale but he refused to do so. He did trace Brightman’s signature on a bill of sale and handed it to [244]Miller with the Hawaiian registration certificate which Bright-man had endorsed. Miller took the certificate to the Motor Vehicle Department and had a California registration certificate issued in his own name and received California license plates for the car. Appellant did not sign the certificate as first buyer in the blank provided for such signature. However, the signatures of Brightman as both legal and registered owner and possession of the certificate by Miller indicated the latter to be the first buyer.

There is a conflict as to the price which appellant was to receive for the automobile. Miller claims that the sum of $4,000 paid by him was in full payment, and appellant asserts that the price was $5,200 and that Miller owed him $1,200. In finding appellant guilty of taking Miller’s car as charged the jury resolved the conflict against appellant.