Nino

Defendant Aurelio Nino and one Doroteo Mojarro were convicted, in a trial by jury, of violating section 10851 of the Vehicle Code (driving automobile without consent of owner). Nino admitted an allegation of the information that he had been convicted previously of a felony (driving automobile without consent of owner). Nino appeals from the judgment.

On August 3, 1962, about noon, Mrs. Lewis left her 1960 Pontiac automobile, bearing license No. SWS 829, in a public parking lot in Los Angeles. When she returned to the lot about 1:30 pm., her automobile was not there. She had not given anyone permission to take the automobile.

On August 4, about 3:20 a.m., Officers Higgins and Werth, who were in an unmarked police car and were southbound on Alameda Street, stopped at 16th Street for a red traffic light. While they were there a 1960 Pontiac car, bearing license No. SWS 829, which was also southbound, stopped at the left side of the officers’ car and awaited the change of signal. After the signal changed to green, the officers followed the Pontiac to a place a few feet south of 24th Street, where they turned a red spotlight on the occupants of the Pontiac. At that time the defendant…