Thomas

This is an appeal by defendant from a judgment of conviction of violating section 10851 of the Vehicle Code, which prohibits the taking of a vehicle without the owner’s consent and with intent to deprive the latter of title to or possession thereof. Defendant’s motion for a new trial was denied, and from such order of denial defendant also appeals. . ...

It is conceded that defendant took the vehicle in question without the owner’s consent, and that he was apprehended while in the act of driving it. The automobile was taken from a parked position on a city street, after having been left there by the owner. Defendant' and the owner were strangers, and on no occasion had communicated in any manner whatsoever with each other. The automobile was sighted by a police officer within an hour after the owner reported' its loss and within a mile and a quarter from the place from which it was taken. Defendant sought to elude the officer who pursued in a marked police vehicle, flashing a red light and sounding a siren. Defendant surrendered after the . officer fired a bullet • into the stolen vehicle.

Defendant was charged by information in the following language: “violation of Section…