Magusin

The crime described in section 146 of the California Vehicle Act (Stats. 1923, p. 564), and of which defendant was found guilty, is committed when any person drives a vehicle not his own, without the consent of the owner thereof and in the absence of the owner, and with intent to deprive the owner of his title or possession, whether with or without intent to steal the same. Any person who assists in, or is a party or accessory to or an accomplice in, any such stealing or unauthorized taking or driving, shall also be deemed-guilty of a felony.

It is contended by appellant that the evidence is not sufficient to prove that the crime was committed at all, and is not sufficient to prove that the appellant was guilty thereof. It was established by the testimony of the owner that, on the thirtieth day of June, 1931, in the afternoon, he parked his car on Lucas Street in the city of Los Angeles; that it was taken away from that place in his absence and without his consent; that on the next day it was found at another place in the city. The witness Robinson, engaged in the tire business on Pico Street, testified that at an hour which was shortly after the time when the owner had left his…