Mihaly

The defendant was tried before a jury on * an information framed in two counts, the first charging a violation of section 146 of the Motor Vehicle Act—the driving of an automobile without the consent of the owner— and the second charging grand theft. The information also charged two prior convictions. The defendant pleaded not guilty to the charges in each count of the information and admitted the two prior convictions. The jury found the defendant not guilty on the first count and guilty as charged in the second count. The defendant has appealed from the judgment following the verdict and from the order of the court denying his motion for a new trial.

On May 1, 1928, a man by the name of Brown rented a private garage No. 7 connected with the Glenwood apartment house in the city of Oakland. On the same day a Hudson automobile was stolen from a place near the Melrose station on Forty-sixth Avenue in Oakland. Theft of this car having been reported to the police department, a police officer, in company with two others, approached the Glenwood apartments following the tracks of an automobile which had been stolen a few days previous and which had been run from this garage without…