[1] Criminal Law—Motive.—A motive for the commission of a crime may be shown as a circumstance tending to show guilt and the absence of motive or reason for the commission of the alleged offense may be considered as a circumstance favorable to the accused.

[2] Id.—Driving of Automobile Without Consent of Owner—Evidence—Permission to Use Different Machine.—In a prosecution for driving an automobile without the consent of the owner in violation of the provisions of the Motor Vehicle Act, where the defendants claimed that they rode in the car with another whom they believed to be the owner, evidence of want of motive for the crime by showing that one of the defendants had permission from his brother to use his machine was admissible to rebut the state’s theory as to the willfulness of the use of the machine in question.

[3] Id.—Exclusion of Proof—Lack of Prejudice—Proof by Others. The refusal to allow one of the defendants in such prosecution to testify as to his having permission to use his brother’s ear was not prejudicially erroneous whore his brothers testified, without objection, that defendants had such permission.

[4] Id.—Immateriality of Permission—Bemark of Court—Lack of Prejudice.—The remark of the court in refusing to allow evidence of permission to use the brother’s ear, that it was wholly immaterial and taking time, was without prejudice, since any implication therefrom that the taking of the automobile without consent was sufficient to justify conviction in the absence of willfulness was removed by subsequent instructions that the taking must have been willful and felonious to justify a conviction.

[5] Id.—Impeachment of Witness—Conviction of Pelony—Plea of Guilty—Becord of Conviction Unnecessary.—Where a witness-in answer to a question as to whether he had ever been convicted of a felony stated that he had plead guilty to such a charge, it was not necessary to produce the record of conviction.

1. When accused may testify as to motive or intent, note, 21 Am. St. Bep. 318.