McGee

A jury found defendant guilty of a violation of section 487, subd. 3 of the Penal Code—grand theft, automobile. Reversal is sought on the basis that the admission of certain statements by defendant violated the rule of Escobedo v. Illinois, 378 U.S. 478 [ 84 S.Ct. 1758 , 12 L.Ed.2d 977 ], as applied in People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ].

Apart from the statements mentioned, the prosecution’s case was rather meager: on January 22, 1964, one Prank J. White was the owner of a 1961 Corvair Monza, California license JUT 063, serial number 109270-132927. At 10:30 p.m. that day he parked it at a downtown parking lot and locked it, taking the keys with him. He apparently worked a night shift and when he returned at 9 a.m. the next morning the car was gone. He had not given anyone permission to take his vehicle and had never met defendant until he saw him in the courtroom at the time of the preliminary examination. Shown certain keys and California license plates PQD 569, which had been taken from the ear when it was later recovered, White testified that they were not his. He had never applied for different plates.

At about 2 a.m. on April 11, 1964,…