Stanley

The defendants Kenneth George, Edward McSorley, and Carl J. Stanley were jointly charged by an information, containing two counts, with grand theft and also with the offense of violating section 146 of the California Vehicle Act, which section provides that “Any person who shall drive a vehicle not his own, without the consent of the owner thereof and in the absence of the owner, and with intent to either permanently or temporarily deprive the owner of his title to or possession of such vehicle, whether with or without intent to steal the same, shall be deemed guilty of a felony. ...” (Deering’s Gen. Laws 1923, p. 1896.) The jury returned a verdict of guilty of both' offenses against the defendants Kenneth George and Edward McSorley and guilty of the offense of receiving stolen property against the defendant Stanley. The defendant Stanley was subsequently discharged on a writ of habeas corpus and the other defendants prosecute this appeal from the judgment pronounced upon the verdict and from an order denying their motion for a new trial.

The appellants’ complaint is limited to three instructions which they say were improperly given and the failure of the trial judge to give an…