Cook

Frank Billy Ray Cook, defendant, was charged by information with violation of section 487, subdivision 3, of the Penal Code (grand theft auto) and Vehicle Code section 10851. He was acquitted by a jury of grand theft auto, but found guilty of violating Vehicle Code section 10851. A new trial was denied, probation was denied, and defendant was sentenced to the state prison for the term prescribed by law.

The facts, viewed from the point of view of the prosecution, essentially are that Marón Satehell, a friend of defendant, posing as the defendant, arranged the purported purchase of a 1959 Mercury on a conditional sales contract from Frahm Pontiac. Defendant owned a 1950 Buick and permitted Satehell to use his name and the Buick as a trade-in on the Mercury. Satehell also gave Frahm Pontiac a spurious check for $300. Papers were signed and Satehell, acting as though he were the owner, delivered to Frahm possession of the Buick and a yellow transit slip from the Department of Motor Vehicles indicating ownership of the Buick was in the name of “Frank Cook.” Frahm Pontiac forwarded the necessary papers to Sacramento to cause registration of the Mercury in the name of “Frank Cook.”…