Chacon

In Count 1 of an amended information filed by the District Attorney of Los Angeles County, defendant was charged with a violation of Penal Code section 487, subdivision 3 (grand theft, auto). Count 2 of the information charged a violation of Vehicle Code section 10851. Two prior felonies were also alleged. Defendant pleaded not guilty and waived trial by jury. Pursuant to stipulation the matter was submitted to the court for trial upon the transcript of the preliminary hearing. The objections made to the introduction of evidence at the preliminary hearing were deemed to be in effect at the trial, and both sides reserved the right to introduce additional evidence. After the trial defendant was adjudged guilty of the charge in Count 1. Count 2 was then dismissed and the priors were stricken in the interests of justice. Defendant appeals from the judgment of conviction.

The undisputed facts are as follows: at approximately 4 p.m. on September 22, 1961, Mrs. Dorothy Kanowsky parked her ear in the parking lot of Bullock’s department store in Pasadena, leaving the keys in the ignition. When she returned at about 5 p.m. the car was gone.

Also on September 22, 1961, one Shirley Licon…