Tellez

Defendants were charged with grand theft, committed by the stealing of an automobile. Three prior convictions of felonies were alleged against Valencia. Tellez appeals from the judgment and the order denying his motion for new trial.

Tellez presents three grounds which he urges require a reversal of the judgment and order: (1) That the evidence does not show that defendants took the automobile with the intent to permanently deprive the owner of the same; (2) that the trial court erred in submitting to the jury, as a question of fact, defendants’ intent in taking the automobile; (3) that the trial court erred in refusing the request of the attorney for Tellez to instruct the jury by giving either the text or substance of section 499b of the Penal Code.

Tellez admits he is guilty of petit theft and urges us to modify the judgment by finding him guilty of that crime and not guilty of grand theft.

On the evening of November 20, 1938, Guadalupe Perez, the owner of the automobile, parked it in front of a dance hall in Holtville in Imperial County. He locked the ignition and took the key with him into the dance hall. At about 12 o’clock midnight he found his car missing. About an hour…