Pillsbury

After a trial by the court sitting without a jury, the defendant was found guilty of grand theft of an automobile. He now appeals from the judgment, presenting as his sole point on appeal the contention that the evidence is insufficient to support the trial court’s finding of guilt. This contention must be sustained.

The automobile in question was owned by Carl R. Menikheim, hereinafter referred to, following the witnesses, as “Carl.” He was called into military service in April, 1942, and left the automobile in charge of his fiancee, Miss Dorothy Jerome. She did not use it, but had the keys and kept it stored in a garage.

About two weeks after Carl went into the army, the defendant came to the store where Miss Jerome worked and told her he could sell the car if Carl was interested in selling it. He said he worked for the Edison Company and his boss, Roy L. Newell, was interested in buying the car. She wrote to Carl, and when defendant later called her by telephone told him Carl would sell the ear for $1,000 cash. Defendant then came to the store and brought Miss Jerome forms of power of attorney and authorization for payment, apparently for Carl to sign. These papers were…