McFall

Defendant appeals following jury conviction of auto theft (Veh. Code, § 10851). The prosecution’s ease in chief is based upon the testimony of three witnesses.

Michael Burns testified that on July 30, 1965, about 7 p.m., he drove his 1954 Chevrolet out to a sawmill near Fortuna, where his brother Gene was at work; that he parked it in the mill’s parking lot and put the car keys on the sun visor; that he had traded the Chevrolet for Gene’s Nova and he went into the mill and got the Nova’s keys from Gene; that he drove away in the Nova and never saw the Chevrolet again; that he had not given anyone except Gene permission to drive the Chevrolet.

Richard Mendoza testified that on the same evening, about 9 o’clock, defendant drove the Chevrolet into a drive-in, which the witness owned, and told him that he (defendant) had bought the ear.

Chief of Police Lindsay, of the City of Louisiana, State of Missouri, testified that on October 9, 1965 he arrested defendant in said city pursuant to a warrant of arrest on charges of fraudulent checks and forgery. Defendant was driving the Chevrolet at the time. (The statements made by defendant to Chief Lindsay following the arrest will be…