Wallace

In a non jury trial defendant was convicted of a violation of section 487, subdivision 3 of the Penal Code in that he unlawfully took a Hertz automobile. He appeals from the judgment. Defendant appears in propria persona. His only point seems to be that the evidence is insufficient to sustain the conviction.

On February 19, 1958, defendant telephoned Hertz *763 Company and asked that a ear be delivered at 1545 North Laurel Avenue in Los Angeles. He said he would keep the car three days. A 1958 four-door hardtop Chevrolet bearing California license number PCL765 was dispatched to that address. The car had black-wall tires and, in accord with Hertz procedure, the back of the rear-view mirror was painted red.

The Hertz man who delivered the car found defendant in the lobby of an apartment house at the Laurel address. As identification defendant gave the Hertz man a Des Moines, Iowa, driver’s license and a Diners’ Club credit card, both of which bore the name Allen Wallace, and said his telephone number was OL 6-9122. The Hertz man wrote the information on a contract which defendant signed.

The car was not returned to Hertz. When it was overdue the Hertz manager called OL 6-9122.…