Kepford

Defendants were convicted of violating the provisions of the Motor Vehicle Act (Stats. 1905, p. 185), in that they “did on or about the fourteenth day of May, 1920, in the county of San Joaquin, willfully, unlawfully and feloniously drive and operate and cause to be driven and operated a motor vehicle, to wit: an automobile, not their own nor the property of either of them, on the public highway, to wit: the Loekeford-Lodi road and at the time of so driving and operating and causing to be driven and operated said automobile as aforesaid, the owner thereof one Allen M. Sherfey was not then and there present and did not consent to having said automobile above mentioned driven and operated and cause to be driven and operated as aforesaid by said defendants, Clyde Kepford and Edward Kepford or either of them.”

No objection is made to the sufficiency of the information, nor is it claimed that the evidence did not warrant the verdict of the jury. The instructions are unassailed and the regularity of the proceedings is not questioned except in three particulars, which we proceed to notice.

In their brief appellants declare: “Both defendants at all times admitted being in the Sherfey…