Mullinax

Defendant-appellant was convicted by a jury of unlawfully taking and driving a vehicle in violation of section 503 of the Vehicle Code. At the outset it was stipulated that a 1955 blue convertible Ford automobile with a 1956 license number BBL098, belonging to the Houston Brothers of San Diego, was on their used car lot on November 10, 1957, and that it was left in a locked condition; that on November 11th it was missing and no one, including defendant, had permission to take it away. A deputy sheriff testified that just north of the International Border he was on duty on November 13th; that about 1 a.m. defendant approached the checking station on Highway 101, bound for Mexico, driving this car; and that he was accompanied by another man. An examination was made of the automobile and no registration slip was present on the steering column. He was asked to produce it but failed to do so. He was ordered to the parking area and was interviewed by another officer. This officer found from his record that the car had been reported stolen. He searched defendant and found two car keys. He tried one of them on the car but it did not fit so he assumed the other did although he did not try…